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Thomas  E.  Jeffrey 

Microfilm  Editor  and  Associate  Editor 

Assistant  Editors: 

Toby  Appel 
Keith  A.  Nier 

Andre  Millard 

Susan  Schultz 
Assistant  Editor 
Research  Associates: 
Robert  Rosenberg 
W.  Bernard  Carlson 

Student  Assistants 

John  Deasey 
Leonard  De  Graaf 
David  Fowler 

Pamela  Kwiatkowski 
Joseph  P.  Sullivan 
Barbara  B.  Tomblin 

Leonard  S.  Reich,  Associate  Director  and  Associate  Editor 


Rutgers.  The  State  University  of  New  Jersey 
National  Park  Service.  Edison  National  Historic  Site 
New  Jersey  Historical  Commission 
Smithsonian  Institution 

University  Publications  of  America 
Frederick.  Maryland 

Copyright * 1985  by  Rutgers,  The  State  University 

All  Rights  Reserved.  Mo  part  of  this  publication  including  any  portion  of  the  guide  and  index  or  of  the 
microfilm  may  be  reproduced,  stored  in  a  retrieval  system,  or  transmitted  in  any  form  by  any  means— graphic, 
electronic,  mechanical,  or  chemical,  including  photocopying,  recording  or  taping,  or  information  storage  and 
retrieval  systems— without  written  permission  of  Rutgers,  The  State  University  of  Mew  Jersey,  Mew  Brunswick. 
Mew  Jersey. 

The  original  documents  in  this  edition  are  from  the  archives  at  the  Edison  National  Historic  Site  at  West 
Orange,  Mew  Jersey. 


Rutgers,  The  State  University  of 
New  Jersey 

Edward  J.  Bloustein 
T.  Alexander  Pond 
Tilden  G.  Edelstein 
Richard  P.  McCormick 
James  Kirby  Martin 
New  Jersey  Historical  Commission 
Bernard  Bush 
Howard  Green 

National  Park  Service,  Edison 
National  Historic  Site 
Roy  W.  Weaver 
Edward  J.  Pershey 
William  Binnewies 
Lynn  Wightman 
Elizabeth  Albro 

Smithsonian  Institution 
Brooke  Hindle 
Bernard  Finn 


James  Brittain,  Georgia  Institute  of  Technology 
Alfred  D.  Chandler,  Harvard  University 
Neil  Harris,  University  of  Chicago 
Thomas  Parke  Hughes.  University  of  Pennsylvania 
Arthur  Link,  Princeton  University 
Nathan  Reingold.  Smithsonian  Institution 
Robert  C.  Schofield.  Iowa  State  University 


William  C.  Hittinger  (chairman),  RCA  Corporation 
•Arthur  M.  Bueche.  General  Electric  Company 
Edward  J.  Bloustein,  Rutgers,  The  State  University  of  N  J. 
Cees  Bruynes,  North  American  Philips  Corporation 
Paul  J.  Christiansen,  Charles  Edison  Fund 
Philip  F.  Dietz,  Westinghouse  Electric  Corporation 
Paul  Lego,  Westinghouse  Electric  Corporation 
Roland  W.  Schmitt,  General  Electric  Corporation 
Robert  I.  Smith,  Public  Service  Electric  and  Gas  Company 
Harold  W.  Sonn,  Public  Service  Electric  and  Gas  Company 
Morris  Tanenbaum,  AT&T 



Alfred  P.  Sloan  Foundation 
Charles  Edison  Fund 
The  Hyde  and  Watson  Foundation 
Geraldine  R.  Dodge  Foundation 


National  Science  Foundation 
National  Endowment  for  the  Humanities 


Alabama  Power  Company 
Amerada  Hess  Corporation 

Association  of  Edison  illuminating  Companies 

Battelle  Memorial  Institute  Foundation 

The  Boston  Edison  Foundation 

Cabot  Corporation  Foundation 

Carolina  Power  and  Light  Company 

Consumers  Power  Company 

Coming  Glass  Works  Foundation 

Duke  Power  Company 

Edison  Electric  Institute 

Exxon  Corporation 

General  Electric  Foundation 

Gould  Inc.  Foundation 

Gulf  States  Utilities  Company 

The  Institute  of  Electrical  &  Electronics  Engineers 

International  Brotherhood  of  Electrical  Workers 

Iowa  Power  and  Light  Company 

Mr.  and  Mrs.  Stanley  H.  Katz 

Matsushita  Electric  Industrial  Co.,  Ltd. 
McGraw-Edison  Company 
Middle  South  Services,  Inc. 

Minnesota  Power 

New  Jersey  Bell  Telephone  Company 
New  York  State  Electric  &  Gas 

North  American  Philips  Corporation 
Philadelphia  Electric  Company 
Philips  International  B.V. 

Public  Service  Electric  and  Gas  Company 

RCA  Corporation 

Robert  Bosch  GmbH 

Savannah  Electric  and  Power  Company 

Schering  Plough  Foundation 

Texas  Utilities  Company 


Transamerica  Delaval  Inc. 

Westinghouse  Educational  Foundation 
Wisconsin  Public  Service  Corporation 


Reel  duplication  of  the  whole  or  of 
any  part  of  this  film  is  prohibited. 
In  lieu  of  transcripts,  however, 
enlarged  photocopies  of  selected 
items  contained  on  these  reels 
may  be  made  in  order  to  facilitate 

A  Note  on  the  Sources 

The  pages  which  were  microfilmed  forthis  collection  are 
in  generally  good  condition  in  the  original.  There  are 
some  pages,  however,  which  due  to  age  are  lighter  than 
normal.  Additionally,  because  some  volumes  are  very 
large  and  have  been  bound  tightly  and  cannot  be  un¬ 
bound,  there  are  intermittent  occurrences  of  slight  dis- 
tortion  of  the  edges  of  a  small  percentage  of  the  pages. 
We  have  made  every  technical  effort  to  ensure  complete 
legibility  of  each  and  every  page. 


Jhe  EdLson  National  Historic  Site  has  seven  bound  volumes  and  one 
pamphlet  of  Patent  Office  proceedings  relating  to  conflicting  claims  over 
who  invented  the  telephone. 

Four  of  these  volumes  contain  the  record  of  a  group  of  interferences 
entitled  Cases  A  through  L  and  Case  No.  1.  The  disputant  parties  were 
Thomas  Edison,  Alexander  Graham  Bell,  Elisha  Gray,  A.E.  Doibear,  J.W 
McDonough,  George  B.  Richmond,  William  L.  Voelker,  J.H.  Irwin,  and 
Francis  Blake,  3r.  Although  Edison's  preliminary  statements  were  filed  in 
printed  in*!  881  teStim0ny  WaS  not  taken  until  188°-  This  record  was 

The  first  volume  contains  Edison's  preliminary  statements  and  the 
depositions  of  Edison  and  his  witnesses.  The  second  volume  contains 
Edison's  exhibits,  including  photo-lithographs  of  laboratory  drawings, 
patents  and  patent  applications,  and  newspaper  and  journal  articles.  The 
schrZSnlaHVLeRhj-bit  num^rs  corresponding  to  a  page/volume  numbering 
«rf,h  w-  E*son  and  his  patent  attorney  Lemuel  W.  Serrell  in  188C) 
wennccd;M°nS  tfchnlcal  no*:S  and  drawings  were  numbered  and  examined 
for  possible  inclusion  as  exhibits  in  these  interferences.  Many  of  the 
documents  in  this  numbered  series  were  not  selected  as  exhibits;  they 
remain  in  the  archive  at  ENHS.  (See  Unbound  Notebooks,  Volumes  8-18.) 

!n  addl.ti°n  ^  the  two  volumes  of  testimony  and  exhibits  for  Edison, 
thare  u  u-thlId  volume>  containing  preliminary  statements,  depositions, 
and  exhibits  for  Bell,  Voelker,  Irwin,  Gray,  Doibear,  McDonough,  and 
Blake;  and  a  fourth  volume,  containing  briefs  for  Beil  and  Blake  by 
attorneys  Chauncey  Smith  and  James  3.  Storrow. 

Only  the  two  Edison  volumes  have  been  filmed  in  their  entirety. 
However,  the  tables  of  contents  for  the  other  two  volumes  have  been 
filmed,  along  with  those  portions  of  the  briefs  for  Bell  and  Blake  which 
attorneys6  ^  'SSUeS  and  Edison's  case  from  the  viewpoint  of  the  opposing 

Another  volume  entitled  U.S.  Patent  Office.  Miscellaneous 
interferences  of  T.A.  Edison  contains  four  documents  relating  to  appeals 
taken  in  1883-1884.  Three  of  these  documents  are  briefs  for  Edison;  the 
fourth  is  the  deasion  of  the  Examiners-in-Chief  in  the  appeal  of  Cases  A, 
tt,  C,  D,  E,  F,  G,  I,  J,  L,  and  No.  1. 

,  ,  Jwo  additional  volumes  contain  the  records  of  interference  cases  2 
and  3  (involving  Edison,  Blake,  and  Charles  E.  Chinnock)  and  cases  4,  5,  6, 
and  BJ  (involving  Edison,  Blake,  and  Edward  L.  Wilson).  Each  volume 
contains  the  preliminary  statements,  interfering  specifications,  and 
evidence  of  the  disputant  parties.  The  table  of  contents,  preliminary 
statements,  and  interfering  specifications  for  each  volume  have  been 
filmed,  as  well  as  the  evidence  for  Edison.  The  numbering  system  used  in 
cases  A  through  L  and  Case  No.  1  was  also  employed  for  Edison’s  exhibits 
in  these  cases.  Many  of  the  exhibits  were  also  used  in  the  earlier  volume 

of  Edison's  exhibits;  these  have  not  been  refilmed.  However,  the 
complete  list  of  Edison's  exhibits  for  the  later  interferences  can  be  found 
in  the  table  of  contents. 

Finally,  there  is  a  printed  argument  for  Edison  in  a  telephone 
interference  involving  Edison,  Amos  E.  Dolbear,  and  George  L.  Anders. 
This  is  the  only  documentation  for  this  interference  available  at  the 
Edison  National  Historic  Site. 

The  volumes  have  been  filmed  in  the  following  order: 

1.  Evidence  for  Thomas  A.  Edison 

2.  Edison  Exhibits 

3.  Evidence  for  Voelker,  Irwin.  Gray,  McDonough,  Blake  and  Bell 

4.  Briefs  for  Alexander  Graham  Bell  and  Francis  Blake.  3r. 

5.  Miscellaneous  Interferences  [briefs  for  Edison  and  decision  in 
appeals,  1883-1884] 

6.  Cases  2  and  3 

7.  Cases  »,  5,  6,  and  B3 

Edison  v.  Dolbear  v.  Anders  [argument  for  Edison] 

Telephone  Interferences  [Volume  1] 

Evidence  for  Thomas  A.  Edison 

This  volume  has  been  filmed  in  its  entirety. 


•  anti  ( )i  h< |  .Wo.  1  ■ 





INDEX  TO  VOL.  1. 

Parties  to  tlie  several  Intorferoncf 
Subject  matter  of  Interference  A. 

.  «  '  ..  “  0. 



Stipulation  of  counsel  as  to 

r  No.  1. . . . . 

Pueliminauy  Statements 
Interference  A . . 


of  TnoMJi 

,  .  «  0 . •••••. 

D . 

E . 

«<  . . 

J . 

'•  . . 

•  M  .. . 

;  <•  No.  l . 

Notice  of  taking  testimony. 
Admisssion  of  service . 

KttitfJ  JPtKtcjsi 

A.  G.  Bell 
Elisiia  Guay 
Tiios.  A.  Edison 
E.  Behlinek 
Geo.  B.  Richmond 
A.  E.  Doi.heak 
J.  W.  MoDonougii 
W.  L.  Yoeliceu. 


[Jan.  1,  1881.] 

A.  G.  Bell. —  (A.  Pollok,  Washington,  D.  O.,  Attorney  of  Record.) 
Patent  No.  174,465,  March  7,  1876. 

Patent  No.  186,787,  Jan.  30,  1877. 

Elisha  Gray.  —  (Baldwin,  Iloplcins  tfi  Peyton,  Washington,  D.  O., 
Attorneys  of  Record.) 

Application  No.  1,  filed  Oct.  26,  1877. 

Application  No.  2,  filed  Oct.  26,  1877.  Model  filed  Deo.  4,  1877. 
..  No.  3,  «  •'  »  «•  «  “  “  “  «> 

Application  No.  4,  filed  Jau.  17,  1878. 

Tiiomas  A.  Edison.  —  (A.  IV.  Sorrell,  Reio  York,  Attorney  of 

Application  No.  130,  filed  April  27,  1877. 

\  "  Ul,  “  July  20,  1877. 

//  «•  “  144,  <■  Sept.  5,  1877. 

■  ••  “  145,  <•  Deo.  13,  1877. 

«<  •<  148,  “  Doe.  24,  1877. 

Telephone  Interferences, 

A,  B,  C,  D,  E,  F,  G,  I,  J,  L,  M. 

Emile  Berliner.  —  (A.  Pollok,  Washington,  D.  O.,  Attorney  of 

Application  filed  Juno  4,  1877. 

Geo.  B.  Richmond.  —  ( Geo.  II'.  Dyer,  Washington,  B.  C.,  Attorney 
of  Record.) 

Application  filed  Aug.  24,  1877. 

A.  E.  Doliikau. — ( F.  L.  Rope,  32  Park  Place,  JV".  lr.,  Attorney  of 
Record ;  J.  L.  Norris,  Washington,  B.  G.,  Associate.) 
Application  filed  Oct.  31,  1877. 

J.  W.  McDonough.  —  ( Gridley  <C  Ob.,  Chicago,  111.,  Attorneys  of 
Record. ) 

Application  filed  April  10,  187G. 

W.  L.  Voelicek.  —  (R.  B.  0.  Smith,  Washington,  D.  C.,  Attor¬ 
ney  of  Record.) 

Application  filed  May  19,  1879. 

Tlicso  intci Terences  wore  declared  by  oflico  lollor  of  March  2G, 
1878.  By  office  lelter  of  May  1,  1879,  award  of  priority  was  inudo 
l=‘""’t  Richmond  upon  his  own  statement  in  ensos  A,  B,  D,  E, 
G>  "ni1  J !  110  "'"s  continued  in  case  G.  Said  iiiterfcrcnccs  wero 
revised  and  consolidated  by  office  letter  of  May  27,  1879,  in  cousc- 
picncc  of  the  decision  of  the  Commissioner  reported  in  the  Official 
Gazette  of  May  13,  1879,  as  Gray  el  at.  v.  Bell,  whereby  ease  II 
was  consolidated  with  and  to  ho  known  as  ease  F,  and  K  and  I  as 
[.  By  office  lotto.-  of-, Inly  29,  1879,  priority  of  invention  was 
11  ,u1l1  o'  »  t  Holcombe,  and  lie  was  dropped  from  A,  E,  F,  G 
,  j.  By  Oflico  letter  of  Dee.  29,  1879,  W.  L.  Voelkcr  was  included 
n  interferences  A  and  B.  E.  Berliner  was  originally  included  in 
and  B,  and  was  dropped  therefrom  by  oflico  letter  of  Sept.  3, 
.880,  upon  concession  filed  by  him  in  favor  of  Boll  j  ho  continues 
n  M.  Richmond  took  no  proof. 


Inteiipeiibnce  A. 

Voelkcr  v.  Bolbear  v.  Gray  (I)  v.  Edison  (130)  v.  Bell  (174,405). 
“The  hcrcinhofore-descrihod  art  of  traiiRniiiit.w* _ _ _  .i  • 

l  senos  of  olcetrical  wavos  or  vibrations,  precisely  correspond- 
their  intervals  of  succession  and  rolutivo  amplitudes  to  the  son 
waves  which  are  to  bo  reproduced  at  tho  receiving  station  oi 
ns,  so  that  oral  conversations  or  sounds  of  any  description  innj 
cgrapiiicully  transmitted.”  [Gray’s  1st  claim.] 
s  is  substantially  the  method  spooifiud  in  Boll’s  fifth  claim,  anti 
cribcd  in  tho  applications  of  Edison,  Dolboar  and  Voolker. 

Vbellcer  v.  Gray  (1)  v.  Edison  (130)  v.  Bell  (174,4G5). 
lie  liercinbcforo-dcscnbcd  improvement  in  tho  art  of  trnnsmit- 
ocal  sounds  or  spokon  words  telegraphically,  which  consists  it 
ing  upon  tho  lino  through  tho  medium  of  n  varying  resistance, 
ie  impulses  corresponding  to  tho  vibrations  of  a  diaphragm 
ted  by  tiio  movements  of  tho  air  produced  by  a  spokon  word.’ 
r’s  2d  claim.] 

s  is  substantially  described  in  tho  applications  of  Boll  and 
a.  Voclkcr’s  1st  claim. 

ray  (2)  v.  Edison  (144)  v.  Richmond  v.  Bell  (174,405). 
t.  Tho  transmitter  consisting  of  tho  combination  in  an  electric 
of  n  diaphragm  and  a  liquid  or  equivalent  substauco  of  high 
nco  whereby  tho  vibrations  of  the  diaphragm  cause  variations 
resistance  of  tho  electric  circuit,  and  consequently  in  tho 
til  of  currant  traversing  said  circuit.”  [Grny’s  1st  claim.] 
i  is  described  in  tho  applications  of  Edison  and  Richmond,  and 
of  Boll. 

.  In  a  tolegraph  st  eat  oporated  by  sound,  tho  combina- 
ilh  tho  diaphragm  of  two  or  moro  oloctrodos  placod  in  olec- 
0  liquid  and  operating  to  incrcaso  and  dccrcaso  the  rosistanco 
electric  circuit  by  tho  inovoinont  dorived  from  tho  diaphragm.” 
Hi’s  1st  claim.] 

is  described  in  the  applications  of  Richmond  and  Gray,  and 
itnnlinlly  suggested  in  Boll’s  patout. 


"In  itn  electro-hydro 
ndjiistublo  tuljo,  witln'n  v 
immersed,  ns  set  forth.’ 

Gray  (2)  v.  Edison  (14-1). 

telephone,  the  fluid-holding  vertically 
iich  the  ends  of  the  platinum  points  nro 
Substantially  described  mid  shown  lu 

s  niiplicalion  (No.  144),  and  described  in  Gray  (2). 

Edison  (145)  v.  Gray  (3)  v.  Dolbear  v.  Bell  (174,405). 

"In  an  ncoustio  telegraph,  an  armature  plate,  llio  olectro-imnrnot 
for  the  same,  and  a  closed  circuit  passing  from  the  helix  of  such 
electro. magnet  to  the  sourco  of  undtilnlory  electric  onergy.” 

This  is  the  subject-matter  of  Edison’s  third  claim,'  and  is'  substan¬ 
tially  described  in  the  other  applications  and  the  patent  involved. 

Dolbmr  v.  Gray  (1)  v.  Bell  (174,405). 

1st.  "A  telephonic  transmitter  consisting  of  a  coil  of  wiro  one  or 
...ore  magnets  and  a  disk,  or  diaphragm  so  arranged  relative ’to  each 
Othu  that  a  motion  oi  the  diaphragm  shall  induce  in  the  coil  of  wiro 
Igliets?’’  ,U°liVC  f,,rC0  iB  Vi,'“'°  °f  11,0  I,roac“‘!0  °f  H'o  magnet  or 

Dii:i.!Lr?Stn"tin"iy  ‘l0SC1'a,Ct,  n,ltI  8*‘°'vn  »>  npplications  of 
llotbear  and  Gray,  and  patent  of  Bell. 

^  oomliii.ntion  in  one  circuit  of  two  or 

.me  coils  oi  wire,  two  or  more  magnets,  and  two  or  more  di-ks  or 
d  iiidiragms,  so  arranged  relatively  to  each  other  that  if  on,  of  the 
°  Id",I>  "^ns  1)0  Pul  »>  -notion  by  the  voice,  by  a  creto 
"  ,;t,,10nv'80’ ,l  8|"‘»  "-'"<-0  n  transient  current  of  cLtricitv  i  its 


mid  patent  of  Doll.  “W>  ,“ll0,,B  °f  Dolboiu'  «»*1  Gray, 

Edison  (148)  v.  Gray  (3)  v.  Dolbear  v.  McDonough  v 
(174,485).  J 

Interference  I. 

Dolbear  v.  Gray  (1)  v.  Bell  (186,787). 
one°.r,roro  ofCiu°e2es°  whil  'T"’0’  -'l-P'-ted 


2d.  [ Formerly  JT.l  "Two  „  ,  , 

%  •««-  to  sonorous  vihit  n  tZZZ 



Edison— Blake— Ikwin— Yokokeks. 

A  spring, 'forming  or  carrying  ono  olootrodo  of  .the 
circuit  of  a  telephone,  and  constantly  pressing  against 
tiie  other  elcctrodo  and  diaphragm  to  maintain  the  re¬ 
quired  initial  pressure  between  tho  electrodes,  and  yield 
to  the  movement  of  tho  diaphragm  (Blake’s  claim). 

This  is  substantially  claimed  by  Irwin  (claim  !!),  and  is 
described  or  shown  in  tho  applications  of  the  other  par¬ 


Voelkers.  I 

Irwin.  !  Case 

Blake.  [No.  1.  Voelkers 

Edison.  J  Dolbonr 


PiiinAniximu,  March  13,  IPSO. 

It  is  stipulated  in  tho  above  interferences  that  ease 
No.  1  is  to  fall  behind  cases  A  and  B  in  the  dntes  for 
tho  taking  of  testimony  and  tho  hearing,  aiid  that  Edi¬ 
son  may  tnkcahis  testimony  in  all  of  tlieso  cases  at  the 
same  time,  and  that  at  the  hearing  the  testimony  in  all 
these  eases,  and  tho  Exhibits,  may  bo  used  in  each  case 
by  any  party  to  any  of  said  cases. 


For  Voelker  and  Irwin. 


Counsel  for  Berliner,  Blnko  &  Boll. 
Attornoys  for  Grey. 


Attorney  for  Erlison  el  all. 


Attornoy  for  Dolbonr. 


In  die  Matter  of  Interference. 
Thomas  A.  Edison,  Interfer¬ 
ence  A,  Case  130, 

Ei.isiia  Guay,  Emile Beelineis, 
Gko.  B.  Richmond,  A.  E.  Dol- 
bbak,  A.  G.  Holcombib,  A. 
G.  Bell. 


(Filed  September  2Stli,  1ST8.] 

City,  Comity  and  State  1 
of  Now  York,  f 

Thomas  A.  Edison,  being  duly  sworn,  deposes  ami 
says!  I  concoivcd  apparatus  for  carrying  out  the  inven¬ 
tion  in  question  as  early  as  February,  1878. 

•  I  obtained  Letters  Patent,  No.  141,777,  dated  August 
12tli,  1873,  which  contained  a  dwico  for  transmitting 
.  waves  of  varying  intensity  over  or  within  a  closed. cir¬ 
cuit  containing  an  electro  magnet.  I  conceived  the  idea 


out  tlio  conception  between  .Tilly,  1875,  end  December, 
1875,  botli  with  tuning  forks,  reeds  nnd  diaphragms,  for 
transmitting  sonorous  vibrations.  It  wns  exhibited  to 
many  persons  between  August,  1875,  and  December, 
1875,  and  since. 


Gworn  to  nnd  subscribed  before  1 
me,  this  25th  day  of  Septem-  > 
her,  A.  D.  1878.  j 

[seal]  Geo.  T.  Pinckney, 

Notary  Public, 

Kings  Co. 

Approved  May,  1, 1879. 



In  tho  Matter  of  Intorfroncc. 
Thomas  A.  Edison,  Interfer¬ 
ence  15,  Case  No.  130, 

Elisha  Gray,  Emile  Berliner, 
Geo.  B.  Richmond,  A.  G.  I 


[Interference  71.] 

(Filed  September  2S,  1S78.) 

City,  County  and  State  ) 
of  New  York,  j  ss‘ 

Thomas  A.  Edison,  being  duly  sworn,  deposes  and 
says,  that  I  conceived  the  apparatus  for  carrying  out  the 
invention  in  question  ns  early  ns  February,  1873.  I  ob¬ 
tained  Letters  Patent,  No.  141,777,  dated  August  1", 
1873,  which  contained  a  device  for  transmitting  waves 
of  varying  intensity  over  or  within  a  closed  circuit  con¬ 
taining  an  electro  magnet. 

I  conceived  the  idea  of  employing  this  apparatus  in 
conjunction  with  a  diaphragm  in  July,  1 875 ;  constructed 
apparatus  to  carry  out  the  conception  between  July, 
1875,  and  December,  1875,  both  with  tuning  forks, 
reeds  and  diaphragms  for  transmitting  sonorous  vibra¬ 

It  was  exhibited  to  many  persons  between  August, 
1875,  and  December,  1875,  end  since. 


Sworn  to  nrnl  subscribed  before  1 
me,  tin's  25tli  dny  of  Scptciu-  !• 
ber,  A.  D.  1878.  ’  ) 

bealJ  George  T.  Pinoknev, 

Notary  Public, 

Kings  Co. 

Approved  May  1, 1879. 



In  the  Matter  of  Interference. 
Tiiomiis  A.  Edison,  Interfere 
ence  C,  case  No.  144, 

Elisha  Ghat,  G.  B.  Richmond, 
and  A.  G.  Bull. 

Speaking  Telegraphs. 

( Interference  C.) 
(Filed  Sept.  28,  1878.) 
City,  County  and  State  of  Now  York,  ss.' 
Thomas  A.  Edison,-  being  duly  s 

ays,  that  the  instrument  in  which  two  o 

electrodes  were  placed  in  an  electrolytic  liquid  and  used 
with  a  diaphragm  to  increase  or  decrease  the  resiBtanco 
of  the  circuit,  was  eoncoivod  some  timo  in  August, 


Sworn  and  subscribed  boforo  me 
this  25th  dny  of  Septoinbor, 

A.  D.  1878. 

Geo.  T.  Pinoknev, 

Notary  Public, 

Kings  Co. 


May  1,  1879. 




In  tho  Matter  of  Interference. 

Tiiomas  A.  Edison,  Interfer¬ 
ence  I),  ease  No.  I -l-l, 

Gkoiioe  II.  Richmond,  Elisha 
Guay.  ! 


SfEAKlNO  Tei.EOIIAI'118. 

(Interference  D.) 

(Filed  Sept.  2S,  IS7S.) 

City,  County  end  State  of  Now  York,  .s-.v.  ; 

V  ,L‘m"  ,lub'  sworn,  deposes  and 

sajs  that, »  Letters  Patent  No.  HI, 777,  dated  August 
18/3  aie  shown  the  mam  features  involved  in  tho 
present  interference.  In  this  patent  is  shown  the  vihrut- 
ing  pomt’  Celi,  water  and  adjustment,  and  the  vibration 
of  the  point  within  the  eell  produced  a  rise  and  fall  of 
tension  within  a  closed  circuit  containing  an  electro  mag. 
;iet.  In  July,  1875,  I  conceived  the  idea  of  employ! 
these  devices  with  a  diaphragm;  made  experiments  with 
.apparatus  embodying  this  principle  during  the  latter 
li!  M  1'S,'r5"’itl'  tlmiug  forks  and  diaphragms, 

hi  Mat,  I8i(f,  further  operative  iiistriimeuts  wore  made- 
and  from  that  time  down  to  the  present  oxtendod  teste 


have  been  mado  to  reduce  tho  invention  to  the  most 
available  form  for  practical  use. 


Sworn  to  and  subscribed  before  me  ) 
this  25th  day  of  September,  1878.  j 

Geo.  T.  Pinch, nev, 

(sea i,.)  Notary  Public, 

Kings  Co. 

Approved  May  1,  1S70. 



In  the  Matter  of  Interference. 
Thomas  A.  Edison,  Interfer¬ 
ence  E,  Case  No.  145, 

A.  E.  Domieai:,  Geo.  II.  Rich¬ 
mond,  E.  Gray,  A.  G.  Bell,  , 
and  A.  G. 

Acoustic  Teleouaiuis. 


[. Interference  E.~\ 

(Filed  Soptombor  28, 1878.) 

City,  County  and  Stato  of  Now  York,  as.  : 

Thomas  A.  Edison,  boing  duly  sworn,  doposes  and 
says,  that  I  conceived  tho  apparatus  in  question  about 

September,  1875 ;  I  constructed  and  operated  an  inst 
ment  of  tins  kind  somo  time  in  September,  1875 
prepared  a  caveat  December  25, 187;'  I  I  i: 
full  description  of  the  apparatus.  This  caveat  was  fi 
somo  time  in  January,  1870.  Apparatus  embodying 
invention  in  question  lias  been  constructed  by  me  r 
publicly  introduced  since  the  preparation  of  the  cav 


Sworn  to  and  subscribed  before  ) 
mo,  this  25th  day  of  Scptem-  v 
ber,  A.  D.  1878.  j 

Geo.  T.  Pinckney, 

Notary  Public, 

Kinds  Co. 

Approved  May  1,  1879. 


In  tlio  Matter  of  Interference. 
Thomas  A.  Edison,  “  G,”  case 
No.  148, 

Eusnx  Gray,  Geo.  B.  Ition- 
mond,  A.  E.  Dolbear,  A.  G. 
Holcombe,  James  II.  McDon¬ 
ough,  A.  G.  Bell. 

Acoustic  Telegraphs. 


[Interference  (?.] 

(Filed  Sept.  28,  1878.) 

City,  County  and  Stato  of  New  York,  as.  : 

Thomas  A.  Edison,  being  duly  sworn,  deposes  and 
says,  tliat  I  conceived  tbe  apparatus  in  question  about 
November  1, 1875;  1  constructed  three  receiving  tole- 
•  phones  December  20,  1875;  I  put  them  in  practical 
operation  on  tbe  samo  dnte  (December  20, 1875),  and 
tbe  same  liavo  been  in  public  uso  over  since ';  these 
instruments  wore  seen  in  operation  by  many  persons 


In  tub  Matter  of  Intor- 
:  cnoo  Thomas  A.  Edison.— L. 
Case,  No.  145, 

A.  G.  Bull,  Elisha  Giiav.  . 

Acoustic  raviis. 


[Interference  I.~\ 

(Filed  September  2S,  1878.) 

City,  County  and  State  of  Now  York,  xx.  : 

vention  in  question  has  boon  oonstrnotod  by  mo  and 
publicly  introduced  sinco  tbo  date  of  tbo  caveat. 


Sworn  to  and  Subscribed  bo- ) 
fore  mo,  this  25th  day  of  !■ 

Sept.,  a.  i>.,  1878.  | 

George  T.  Pinckney, 

Notary  Public, 

Kings  County. 

Approved— May  1,  1870. 



In  tiiij  matter  op  interference 
Tiiomab  A.  Edison,  Inter¬ 
ference.  M.  Case  141. 

Emile  Berliner  ;  Speaking 

Preliminary  Statement  op  Thomal  A.  Edison. 
(Interference  M.) 

(Filed  Sep’t.  28,  1878.) 

City,  County  and  State  of  ) 

New  York,  (  **• 

Thomas  A.  Edison,  being  duly  sworn,  deposes  and 
says,  that  about  April,  1873, 1  discovered  that  plumbago 
placod  in  tho  electric  circuit  and  subjected  to  varying 

April  IS70, 1  applied  this  discovery,  in  connection  1 
n  diaphragm,  in  u  speaking  tclcplionc. 

I  continued  to  'experiment  witli  varying  success  i: 
February  li,  1877,  at  which  time  the  macliino  was  f 
and  successfully  nperated.  I  then  aflu  procoedei 
dcvelopc  more  fully  die  other  points  of  the  appara 
and  to  bring  it  before  the  public.  Between  Septem 
lSio,  and  January  1870,  I  tried  the  plumbago  in  com 
tion  with  the  tuning  fork,  to  cause  a  rise  and  fall 
tension,  but  I  have  been  unable :to  find  any  memorand 
by  which  to  define  the  date  accurately  I  In.  h.  t  ,| 
-telephone,  with  carbon'  point  and  diaphragm,  was  p 
icly  introduced  in  July  or  August  1S77. 


Sw-oru  and  subscribed  before  me  this  ) 

-•oh,  day  of  September,  1878.  | 

Approved  May  1, 1879. 

Notary  Public, 

Kings  County, 

Tr  ,  •  60"’  l,ei,«  duly  awora,  deposes  a 

eays,  that  lie  conceived  the  point  in  controversy  soi 
tune  before  March  1877,  reduced  it  to  practice  Mar 
Mc„.  1’  ""''/f""  y  *■**  the  instrument  betwc 
Menlo  Park  and  the  Western  Union  Telegraph  Offico 
Now  1  ork  City,  which  resulted  in  frmicmltt:,.,. _ i  .. 

instrument  made  and  dated  March  5, 1877.  That  ho 
foels  sure  that  ho  nsod  this  dcvico  earlier  than  the  abovo 
Into,  bnt  so  far  has  been  unable  to  find  any  sketches  of 

That  ho  thinks  tho  point  in  controversy  is  shown  in 
Ids  patent  No.  208,014  of  April  80, 1878.'  That  ho  hns 
i  sketch  dated  April  1,  IS77,  showing  the  point  in  inter¬ 
ference  in  a  different  shape. 

That  ho  has  other  sketches  made  in  April  and  Mny ; 
duo  May  23;  1877,  especially  contains  tin  evict  designs 
md  devices  shown  in  deponents  application.  NO.  141. 

Since  those  dates  and  up  to  the  present  time  lie  has 
been  engaged  in  experimenting  and  making  telephones, 
md  is  now  engaged  on  experiments  on  telephones  in 
which  devices  of  this  character  nro  employed. 

Service  of  a  copy  of  tho  foregoing  acknowledged  tlii 
2d  day  of  Novomber,  1880. 


For  Bell  &  Bluke. 

Atty.  for  Dolbenr. 

Service  of  a  copy  of  tbo  foregoing  acknowledged  this 
let  day  of  November,  1880. 

Aliys,  for  Gray. 

Service  of  a  copy  of  tlio  foregoing  acknowledged  this  2d 
day  of  November,  1880. 

‘  Ally -for  Irwin  and  Volhers. 

Ally,  of  record  for  Mchvumd. 

■  w7‘,C0  °!  “  C°K'  of  fol'egoing  acknowledged  this 
Bightli  day  of  November,  1880. 

james  w.  McDonough. 


Before  IIon.  Commissioner  op  Patents. 

'ho  interferences  on  Telephones 
hctwoeii  Thomas  A.  Edison,  . 
A.  E.  Dolbenr,  Elislm  Gray, 
A.  G. Bell,  J.W. McDonough, 
G.B.  Richmond,  W.  L.Voolk- 
ers,  J.  II.  Irwin,  and  Francis 
Blake,  Jr. 

Deposition  of  witnesses  examined  on  behalf  of  Thos. 
L.  Edison,  pursuant  to  annexed  notices,  at  the  laboratory 
f  T.  A.  Edison,  Menlo  Park,  Now  Jorsoy,  on  Monday, 
Nov.  8th,  1SS0. 

Present — L.  W.  Sorrell,  Esq.,  on  bolmlf  of  T.  A.  Ed- 
son ;  W.  D.  Baldwin,  Esq.,  on  behalf  of  E.  Gray! 
3ol.  Geo.  W.  Dyer,  and  Mr.  Betts,  of  Messrs.  Betts, 
kttcrbnry  &  Betts,  on  behalf  of  Messrs  Irwin,  Voolker, 
ud  Richmond ;  and  J.  J.  Storrow,  Esq.,  on  bolmlf  of 
Jessrs.  Bell  and  Blake. 

Thomas  A.  Edison  being  duly  sworn,  deposes  and 
ays,  in  answer  to  interrogatories  propounded  by  L.  W. 
Scrrcll,  Esq.,  ns  follows : 

Q.  1.  Please  state  your  name,  age,  residence  and  occu- 
intion  1 

A.  My  nntno  is  Thomas  A.  Edison ;  33  years  of  age ; 
csidonco,  Menlo  Park,  N.  J.;  occupation,  Inventor. 

Q.  2.  Plenso  stato  the  gbnornl  circumstances  under 

(jLjUl  aCu-eJ^ 

111  some  paper  which  l  cannot  recollect,  Imt  which  I  thin 
I  saw  about  1872.  This  insl miiiciit  was  Reiss  Tniusmii 
ter  mill  Receiver,  exhibited  hy  Prof.  Vnndcrwyde,  befon 
some  society  ill  Now  York. 

Tlio  instrument  was  described  and  illustrated  in  tli 
publication  to  which  I  refer. 

The  nest  timo  my  attention  was  called  to  sound  vilira 
tions  in  connection  with  electricity,  was.  [  think,  in  tin 
summer  of  1874. 

This  apparatus  was  invented  hy  Elisha  Gray  of  Chicago 
and  I  had  it  described  to  me  about  that  time. 

The  object  of  the  invention  was  to  transmit  several  in 
dependent  messages  hy  breaking  up  musical  waves  o: 
different  rates  of  vibration  into  short  and  long  sounds 
constituting  the  Morse  alphabet. 

.  When  1  heard  of  this,  I  began  to  read  upon  the  sub 
jeet  of  acoustics,  as  I  was  interested  in  not  having  nr; 
Quadruples  replaced  by  another  method.  Soon  after  J 
laid  heard  about  Mr.  Gray  and  had  his  instrument  gener 
ally  described,  I  obtained  a  copy  of  a  hook  called  “  Tin 
Wonders  of  Electricity.”  translated  from  the  French  o 
J.  Bailie,  and  published  by  Scribner,  Armstrong  &  Co., 
at  New  York,  in  1872.  I  think,  I  obtained  this  book 
eithcr  in  the  hill  of  1874  or  the  winter  of  1875. 

(Counsel  for  Edison  gives  notice  that  tin 
said  book  will  he  used  at  tile  hearing  ol 
these  cases,  and  references  made  espeei- 
,  “%  ‘o  pages  140,  141, 142, 143.) 

'  "25  also,  being  reprinted  in  PRESCOTT’S 

SPEAKING  TELEPHONE,  published  in  1878,  on 

What  particularly  struck  my  attention  in  this  In 
was  the  statemont,  made  on  page  142,  in  which  it  sti 
ibout  two  plates  being  used,  one  at  ono  end  of  the  1 
tad  the  other  at  the  other  end  of  tho  lino — ono  sott 
the  other  in  vibration;  and  the  author  speaks  of  the  ; 
libilitv,  when  tho  instrument  shall  have  been  perfec 
if  transmitting  convurs.iti  hi  by  this  means. 

I  exercised  my  mind  considerably  upon  reading  t 
to  imagine  what  was  meant  by  these  two  plates,  and  w 
means  were  used,  or  could  bo  used,  to  transmit  colli 

I  came  to  the  conclusion  that  some  means  or  moth 
must  be  used  whereby  loud  sounds  and  low  sounds  co 
be  transmitted,  and  I  recalled  to  my  mind  moth 
whereby  this  could  be  carried  out.  'flic  conchtsio 

Hut  I  had,  in  1 S73,  devised  menus  ami 
waves  of  electricity  of  varying  strong 
mitted  over  telegraphic  circuits  and  re 
means  of  u  magnet.  This  is  shown  i 
141,777,  of  Aug.  12,  1873. 

It  was  the  means  shown  in  this  patent  for  varying 
resistance  of  a  circuit  in  proportion  to  the  amplitude; 
vibration  that  1  thought  of  in  connection  with 
transmission  of  weak  and  loud  sounds  or  modulation 
In  Juno  or  July,  1875,  I  think  in  July,  Mr.  Ort 
the  President  of  the  Western  Union  Tolegrapli  Co.,  s 
for  me  to  call  and  see  him.  I  did  so  within  n  day 
two  aftor  he  scut  for  me.  He  stated  to  mo  that  Eli 
Gray,  of  Chicago,  was  creating  quite  a  stir  with 
acoustic  inventions,  and  lie  desired  me  to  tako  holt 
tlio  whole  subject  of  acoustics  as  applied  to  telograp 

ml  sou  if  them  wns  anything  hi  it.  tlmt  would  be  useful 
o  the  Western  Union  Telegraph  Co.,  ntiil  lie  asked  me 
I’  I  would  tnke  tho  mutter  tip  mid  enter  into  n  contract 
ritli  tlmt  coiii]>iinv  to  investigate  the  whole  subject.  I 
tnted  tlmt  1  would  do  so  if  the  contract  wns  satisfactory, 
to  made  some  verbid  agreement  with  mo  until  wo  could 
Jttlc  on  a  proper  contract,  while  I  was  to  go  at  experi- 

This  contract  was  htiidlr  satisfactorily  drawn  up,  and 
was  signed  on  the  14th  of  December. 

(Counsel  for  Mr.  Edison  hem  produces  the 
contract  for  the  cxnminntion  of  tho 
respective  counsel,  and  .by  consent  a 
copy  of  the  Slime  is  to  bo  made  by  the 
notary  and  put.  in  evidence  in  place  of 
the  original,  the  same  being  designated 
CO.,  DEC.  14,  1S75.) 

Within  a  few  days  after  I  hnd  first  seen  Mr.  Orton  on 
lis  subject  as  above  stated,  and  in  July,  187fi,  I  received 
om  him  a  translation  in  English  of  the  original  article 
I  the  Reiss  Telephone,  which  he  sent  for  my  informa- 

(Coiuise-1  for  Edison  here  produces  the  said 
translation  for  the  inspection  of  the  re 
spectivo  counsel,  portions  of  the  same 
being  published  on  pages  0  to  12  inclu¬ 
sive  of  PRESCOTT’S  WORK  ON 

After  receiving  tho  translation  I  read  it  over  very  enre- 
lly,  but  found  that  it  contained  nothing  moro  than 
mt  1  had  previously  read  regarding  the  Vandcrwydc- 
liss  instrument. 

In  relation  to  that  portion  of  the  translation  which  re¬ 
ed  to  articulate  speech,  I  sketched  upon  ono  of  the 

sheets  of  the  translation  some  few  devices  which  I  pro¬ 
posed  to  try.  These  sketches  wore  made  within  cer¬ 
tainly  ten  days  from  tho  lime  of  receiving  tho  transla¬ 
tion,  which  wns  about.  July,  IS73. 

(Counsel  for  Mr.  Edison  produces  photo¬ 
lithograph  copies  from  a  tracing  of  the 
of  the  sketches  referred  to,  the  original 
being  here  present,  but  being  in  pencil, 
and  tho  paper  somewhat  dirty,  tho  snmo 
is  not  ns  distinct  ns  when  the  copy  from 
which  the  plioto-lithograpli  was  tnken 
wns  made,  and  tho  original  and  photo- 
lithograph  are  submitted  for  comparison. 
The  said  photo-lithograph  being  marked 
translation  by  W.  U.,  TRANSLATOR 

It  is  consented  by  the  respective  counsel  that  all  the 
exhibits  in  the  form  of  written  memoranda,  or  drawings 
tlint  may  be  put  in  evidence,  shall  be  considered  ns 
formerly  introduced  and  offered  in  evi¬ 
dence,  and  said  exhibits  shall  bo  photo- 
lithographed,  and  tho  copies  received  in  evidence 
with  tho  same  force  ns  the  originals,  that  said  originals 
shall  bo  in  the  possession  of  Mr.  Edison,  or  his  counsel, 
to  be  produced  at  tho  hearings  or  at  any  of  the  proceed¬ 
ings,  upon  suitable  notice.  That  whatever  model  exhib¬ 
its  or  instruments  are  put  in  cvidenco  shall  also  he  con¬ 
sidered  ns  properly  offered  in  evidence,  with  or  without 
special  notico  to  that  effect,  and  that  correct  drawings 
shall  be  nindo  of  such  instruments,  and  photo-lifiio- 
grnplicd,  and  tlio  same  shall  be  received  as  evidence,  the 
same  ns  the  actual  articles,  and  said  articles  shall  lie  in 
tlio  custudy  of  counsel  for  Edison,  to  bo  produced  at  the 
hearing,  and  upon  reasonable  notice,  whenever  called 
for,  and  that  copies  shall  be  furnished  to  the  respective 
counsol  as  soon  ns  possible,  each  party  of  course  having 
tho  right  to  enter  any  objection  on  the  record. 

oni  the  other  knife-edge,  immediately  over  tiiese  kuito 
IgoB,  \v«s  «  funnel  filled  with  water,  with  drip  wick, 
Inch  allowed  water  to  drop  upon  the  knife  edges,  run, 
ong  them,  and  he  held  by  capillary  attraction.  The 
life  edges  were  a  short  distance  apart. 

The  vibration  of  the  dinplimm,  carrying  one  knife  edgo 
[used  it  to  approach  and  recede  from  the  other  knife 
lge,  and  thus  throw  in  and  out  of  circuit  more  or  less 
'"that  portion  of  the  circuit  which  consisted'  of  water, 
id  thus  vary  the  resistance  of  the  same.  j 

The  object  of  the  drip  wick  was  to  supply  the  loss  duo 
I  electrolyses  into  oxygen  and  hydrogen.  I  have  spoken 
i  if  tlicso  instruments  were  made.  I  do  not  mean  to 
IV  they  were  made. 

My  sketches  were  rough  ideas  of  how  to  carry  out 
nit  which  was  necessary  in  my  mind,  to  turn  the  Reiss 
•ansinitter  into  an  articulating  transmitter,  They  >,e,o 
otes  for  future  use  in  experimentation. 

Q.  4.  Did  you  converse  with  any  one,  as  far  ns  you 
nnnmber  then,  in  relation  to  the  proposed  speaking  in- 
trument,  and  if  so,  with  whom  and  about  when  2 
A.  I  think  I  conversed  with  a  great  many  people  on 
lie  subject,  Imtl  cannot  recall  with  certainty  any  onoex- 
ept  Sir.  Batchelor,  my  assistant  .Tames  Adams,  one  of 
ly  assistants  who  is  now  dead,  but  there  were  many  pco-  , 
ilc  around  the  laboratory  when  I  was  experimenting  on 
niisieiil  and  vocal  transmission,  among  whom  I  may 
nention  Clias.  P.  Edison,  now  dead,  .Tno.  C.  Reiff,  of 
few  York,  E.  I  I.  Johnson,  of  Now  York,  K  T.  Gilliland, 
low  living  at  Indiadapolis,  Indiana,  John  Kruosi,  Robert 
Ipicc,  and  many  other  persons.  It  was  a  kind  of  a  pub¬ 
ic  place.  My  laboratory  at  that  time  was  at  10  and  12 

Q  1  it.  Did  yon  over  apply  llie  device  yon  Imvo  j 
described  in  n  speaking  telephone  ? 

A.  Yus,  sir,  I  linvo;  it  is  shown  and  dcscrilied  in 
patent  2»il,0i:i  granted  April  !(n,  1878,  filed  Doc. 

1 S77,  fig.  (1.  (The  sinno  being  offered  in  evidence.) 

Q.  14.  Have  yon  any  other  sketch  illustrating  i 
similar  device  to  EXHIBITS  7-0  and  0-0,  if  so  pie 
produce  tiie  same  ? 

A.  I  here  produce  a  sketch  (offered  in  evidet 
marked  EX1I I  HIT  0-0)  in  which  the  spiral  spring  of  1- 
ri  I  I5IT  7-0  and  0-0  is  rcpluccd  by  a  battery  called  a  ] 
arizing  battery.  I  will  now  describe  1  tl  I 
worked  as  illustrated  in  this  sketch : 

A  timing  fork  was  mounted  upon  a  resonant  box  i 
was  set  in  vibration  svmpathetically  from  another  fi 
through  the  medium  of  air  waves.  Placed  on  this  i 
onant  box  was  a  battery  which  contained  a  liipiid  wh 
caused  a  powerful  polarization  of  the  electrodes  T 
was  included  in  a  closed  circuit  containing  a  magi 
when  in  a  state  of  rest  the  battery  was  so  powerfully 
Inrizcd  that  scarcely  any  current  passed  through  the  i 
suit,  but  the  slightest  noise  would  causi  puli  il  di  poll 
nation  of  the  electrodes,  and  the  strength  of  the  cum 
would  be  increased,  thus  translating  the  vibrations  of 
fork  into  a  closed  circuit  through  the  medium  of  a  vi 
able  resistance. 

This  sketch  was  made,  ns  well  as  tl  I  i 

Nov.  1  It,  1876. 

It  is  signed  by  myself,  witnessed  by  James  Adams  a 
John  Kruesi. 

The  following  is  written  upon  it : 

“  X  is  a  quickly  polnrizing  battery,  wh 
depolarizes  powerfully  with  the  least  j 
as  the  tuning  fork  Responds  only 
vibrations  in  union  with  its  swing 

-  tine,  it  will  be  set  in  motion,  and  tl 

in  its  turn,  will  set  the  resonant  I 
vibrating,  depolarizing  or  knocking  lo 

tho  hydrogen  bubbles  on  the  plates  ol 
the  battery  X  increasing  tho  strength 
and  closing  the  sounder,  the  8  should 
have  very  low  resistance.” 
int  the  S  in  this  case  means  tho  sounder- 
ill-!)  (here  offered  in  evidence)  the  lower 
refer  to  in  thooxhihit.  In  this,  as  in  the 
,  a  resonant  case  is  used  with  a  tuning 
[ion  it,  and  is  worked  in  the  same  man- 
ns  exhibit;  blit  upon  the  resonant  box 
ivoted  at  the  extremity  of  tho  resonant 
>'  contact  points  upon  their  other  ex- 
points  being  in  contact  with  points  upon 
>.  The  circuit,  which  is  a  closed  one  and 
cry  and  a  magnet,  passes  through  all  these 
coiituet  points.  If  now  the  fork  be 
lg  motion  is  given  to  the  levers,  and  a 
tacts,  or  irregular  or  indefinite  contacts, 
four  points,  throwing  the  constant  current 
undulations,  as  in  the  previous  exhibit, 
rns  made  Nov.  18,  1S75,  signed  by  my- 
r  Clias.  Batchelor  and  James  Adams, 
i  apparatus  and  worked  it,  and  it  worked 
The  apparatus  was  probably  made  within 
ir  the  drawing  was  made  nml  signed, 
ly  made  within  four  days  after  the  date 

Til  I > IT  22-9  (here  offered  in  evidence), 
20, 1S75,  is  signed  by  myself,  is  wit- 
Kruesi  and  Robert  Spice, 
nt  consisted  of  a  tube  within  which  an- 
iluccd,  sliding  ill  ami  out  after  the  maiiuei 
ibe;  in  front  of  the  stationary  tube  was  a 
tin,  in  front  of  which  was  an  electro 
olcctro  magnet  was  energized  by  clcetri 
presenting  sound  waves.  Tho  end  of  the 
in  tho  stationary  tnbe  was  provided  wit! 
he  end  of  which  was  capable  of  being 
r.  When  tho  electro  luntmet  was  oner 

Labokatohv  ok  T.  A.  Edison, 

Menlo  Park,  Now  Jorsi 
Tuesday,  Nov.  { 

Mot  pursuant  to  adjournment. 

Same  parties  present. 

Continuation  of  examination  of  T.  A.  Edisc 

Q.  lfi.  Ilnvo  you  any  instruments  correspond; 
device  illustrated  upon  tlie  Exhibit  22-9  ? 

A.  No,  sir;  tlio  instruments  made  were  tn 
and  used  for  other  experiments. 

Q.  10.  Had  you  made,  before  December  20, 
acoustic  instrument  having  a  magnet,  n  resoi 
and  a  diaphragm? 

A.  Yes,  sir;  I  believe  I  made  threo  instrmne 

The  instruments  were  made,  perhaps,  the  i 
November,  1875. 

They  consisted  of  tubes,  iron  diaphragm,  an 
magnets  in  front  of  tlio  diaphragm,  the  same  pi 
the  telephone  receivers,  now  universally  used,  < 
magnetic  constant  was  produced  by  a  battery  i 
a  steel  magnet. 

Q.  17.  Can  you  produce  such  instruments,  oi 

A.  I  can  produco  two  of  the  first  ones  mi 
produce  them. 

(Same  offered  in  evidence,  mu 
“  Edison’s  INSTEUMENT  A 
Nov.,  1875.”) 

Q.  18.  Stato  whether  or  not  tlioso  instrum 
III  BITS  A  AND  A‘,  were  actually  used,  am 
what  manner  ? 

A.  The  instruments  woro  used  ns  soon  ns  tin 
office,  at  10  and  12  Ward  street,  Newark,  in  E 
1875.  Threo  instruments  were  placed  in  the 

A.  It  shows  a  telescopic  resonant  chamber,  withnruh 
her  tube  oar  piece,  with  a  strip  of  iron  in  front  of  till 
chamber,  set  in  vibration  by  the  electric  waves,  repre¬ 
senting  sound  waves  in  the  magnet  in  front  of  it.  Tliii 
apparatus  is  similar  to  that  shown  in  my  EXHIBIT  22-0 

Q*  Wlmt  difference,  if  any,  is  thcro  between  the 
INSTRUMENTS  EXHIBITS  A  AND  A'  and  tl.e  do 
vice  shown  in  EXHIBITS  2‘S-O  and  fig.  14  of  the 
Caveat  ? 

A.  In  EXHIBIT  22-9  a  strip  of  iron  was  fastened 
across  the  end  of  the  tube,  whereas  in  EXHIBITS  A 
AND  A’  iron  diaphragms  were  used. 

Q.  21.  Have  cither  of  the  EXHIBITS  A  AND  A' 
beon  changed  since  they  were  originally  made? 

A.  No,  sir;  I  don’t  think  they  have,  except  that  I  no¬ 
tice  one  of  the  diaphragms  lues  become  partially  uu- 

Q.  22.  State  whether  or  not  EXHIBITS  A  AND  A1, 
when  simply  adjusted,  can  now  be  used  ns  telephone  re 
ceiving  instruments  ? 

A.  Yes,  sir;  they  can  bo  and  wero  used  a  long  wliilo 
for  that  purpose,  and  I  have  already  stated  that  there  is 
no  difference  between  tlicso  receivers  and  the  receivers 
universally  used,  except  in  the  method  of  producing  a 
constant  magnetic  field  in  them. 

Q.  23-  About  how  often  and  during  what  periods  have 
Exhibits  A  and  A1  been  made  use  of  for  receiving  acous¬ 
tic  vibrations  transmitted  electrically  ? 

A.  They  have  been  used  from  tile  time  they  wore 
made  in  Nov.  1875  at  various  intervals  up  to  the  spring 
of  1877,  especially  EXHIBIT  A1, and  another  instrument 
with  a  larger  diaphragm,  and  which  was  one  of  the  three 
first  made. 

Q.  24.  So  fares  tho  actiou  of  tho  instruments  A  AND 
A'  is  concerned  in  receiving  and  rcndoringmuliblo  acous¬ 
tic  vibrations  translated  into  electrical  waves  or  vibra¬ 
tions,  docs  it  make  any  difference  whether  the  original 

oso  instruments  nro  cnpnlilo  of  t  si  t  0  from 

At tho lime  thoso  instrumonls,  EXHIBITS  A 
wore  made, which  was shortly  buforo  the contract 
id  I iv  tho  Western  Union  Co.,  iliil  the  terms  of 
met  and  of  your  employment  hy  thut  Company, 
direct  your  attention  to  tho  transmission  iif 

tostinn  objected  to  by  counsel  for  Gray 
i  callin';  for  the  construction  of  a  writ* 
-■n  contract  and  for  the  inference  drawn 
V  an  interested  party  as  to  the  nicnnlmr 
fa  verbal  contract  the  terms  of  which 
•e  not  stated.) 

nisei  for  Hr.  Edison  replies  that  he 
>es  not  call  for  his  interpretation  of  the 
attract,  but  what  the  attention  of  the 
itness  was  directed  to.) 

ilnptod  to  the  trail-,...!— ion” .f' artiwdato'^ceeb! 
o  the  constnietion  of  the  instruments  EX- 
V  AN  D  A',  had  you  made  any  device  specially 
uroto*  01  Sli°tulles  of  imf  (,e'’iao  sjioeially 
id  made  sketches  of  an  instrument  for  that 
hid.  is  shown  in  EXHIBIT  REISS  TEI.E- 

0  dL  1  t,  I  think  in  Oet.  or  Nov., 
tonsuring  the  resistance  at  dilferent  intervals 
etallic  electrodes  in  oleetrolytie  solutions, 
triiment  was  not  adapted  to  tho  t  s  son 
e  speech,  but  was  an  instrument  to  ascertain 

io  availability  of  exceedingly  slight  motions  of  im- 
lorsod  electrodes  to  increase  and  decrease  tho  resistance 
f  a  circuit. 

I  tried  a  great  number  of  different  chemical  solutions 
ith  this  instrument. 

I  also  used  vibrating  plates  provided  with  an  immersed 
outrode,  the  vibration  of  such  plato  varying  the  resist- 
ice  ill  the  line.  ' 

Some  forms  of  these  instruments  wero  capable  of  be- 
ig  used  for  tho  transmission  ot  articulate  speech,  but 
icy  wore  not  used  for  that  purpose. 

Q.  27.  Please  state  m  that  connection  about  when  it 
as  that  you  did  actually  use  instruments  for  tho  triins- 
ission  of  articulate  speech  ? 

A.  The  first  instrument  made  for  the  transmission  of 
•tieulate  speech  was  made  some  time  in  Dec.,  1875. 

Q.  28.  Please  tell  us  what  that  was  and  what  you 
id  with  it  ?  ' 

A.  It  consisted  of  a  stretched  membrane  with  a  point 
'  wire  fastened  to  its  center  and  immersed  in  electro¬ 
tie  fluid,  tho  wiro  electrodo  boing  adjusted  so  as  to  bo 
■mediately  opposite  another  electrode,  the  two  separat- 
1  by  a  short  column  of  water. 

Q.  20.  Having  reference  to  your  PATENT  lil  ,777 
ie  sketches  that  you  made  thereon,  what,  if  anything, 

unplctc  and  operative  telephone. 

A.  Nothing,  except  to  adapt  to  the  lever  f,  fig.  1,  in 
y  patent,  a  means  for  concentrating  the  energy  of 
him!  waves,  upon  it,  so  that  it  could  he  set  in  motion 
■oportionately  to  the  amplitudes  of  such  sound  waves, 
the  end  that  the  resistance  of  tho  electrolytic  cell 
lotdd  be  increased  or  diminished  in  proportion  to  such 
ii'iublo  amplitudes  of  vibration  and  throw  upon  tho 
ie  which  in  this  case  is  dosed  and  never  broken,  a  se¬ 
cs  of  underlntory  currents,  having  tho  snmo  quality  as 
pitch  and  amplitude  as  the  original  sonorous  waves 
Mull  gavu  motion  to  tho  lover  f. 

In  the  fifth  plneo,  the  experiments  were  conducted  in  a 
cry  noisy  place. 

In  the  sixth  place,  the  resistance  of  the  magnets  used 
u  the  receivers  wore  wrong  for  this  kind  of  tnmsmis- 

In  the  seventh  place,  the  receiving  diaphragm  was  too 
tick  for  rendering  audible  over  and  above  the  nuiso 
ay  sound  waves  due  to  speaking  into  the  transmitter. 

Q.  88.  Were  the  experiments  that  yon  have  spoken  of 
>  made  in  Dec.  187f>,  the  only  effort  that  you  made  in 
10  year  IS7f>,  to  carry  out  your  original  conception  of 
to  possibility  of  transmitting  articulate  speech  clectri- 

A.  It  was  the  only  direct  trial  actnally  with  the  voice, 
at  other  devices  were  made  and  tried,  which  were 
laptcd  to  the  transmission  ot  articulate  speech,  and 
Well  were  afterwards  so  applied, 

Q.  3i.  Please  state  which  those  devices  were? 

A.  They  are  the  devices  shown  in  EXHIBIT  7-!),  9-!), 
M),  and  (l-i),  and  also  in  another  sketch,  which  I  now 

(Counsel  for  Edison  exhibits  this  sketch 
and  the  accompanying  description,  dated 
Nov.  1 7,  I87S,  to  the  respective  counsel, 
the  same  being  in  a  honk  known  as  Exper¬ 
imental  Researches,  Yol.  I.,  p. 23,  and  as 
the  said  book  contains  other  matters  not 
relative  to  this  case,  lie  asks  that  it  be 
consented  that  the  Notary  make  a  copy 
of  the  text  and  a  tracing  of  the  drawing, 
to  bo  received  with  the  samo  force  as 
the  original,  and  the  same  to  be  marked 
BATTERY,  NOV.  17,  lS7a.) 

(The  foregoing  request  is  acceded  to  by  the 
.  respective  counsel.) 

Q.  30.  Please  describe  the  bearing  that  the  instrument 

lis  sketch  shows  a  battery  with  ono  of  i  s  elec- 
tnclicd  to  n  vibrating  rood,  D,  which  was  kept  in 
vibration  by  a  local  circuit  and  sell'  make  a 
ntnet  points  on  the  reed  1),  and  spring  IS,  eon- 
g  made  between  them. 

ibnition  of  one  of  the  electrodes  of  the  battery 
tof  the  fluid  produced  a  rise  and  fall  of  tension, 
&d  circuit  continuing  a  magnet,  0,  both  by  tho 
a  disturbance  of  the  polarization  of  the  elec- 
;!  also  by  a  greater  or  lesser  contact  with  the  Mo- 
roilc  orlhpiid. 

Referring  to  EXHIBIT  |l)-l),  state  what  action, 
ras  produced  thereon  by  atmospheric  sound 

lie  experiment  made  with  the  apparatus  shown  in 
EXHIBIT  KM),  the  ultimate  effect  of  the  soiiuil 
s,  their  translation  into  the  closed  circuit  coll¬ 
ie  magnet  and  battery,  by  rcasou  of  a  diiiiimt- 
eiease  or  variation  in  the  intimacy  of  contact 
ho  four  contact  points  of  tho  levers  upon  the 
>ver  of  the  resonant  case. 

Which,  if  either  of  the  counts  in  this  inter- 
lid  the  said  apparatus  shown  on  EXHIBIT  10!) 
d  with  i 

inrrosponds  to  the  count  in  Case  I,  except  that 
lovers  were  used  in  place  of  n  spring,  ami  the 
cssurc  between  the  points  upon  the  mobile 
the  box  and  the  levers  was  obtained  by  the  ac- 

State  whether  or  not  tho  lovers  employed  on 
meat,  EXHIBIT  10-!),  were  rigid,  and  whether 
i  resonant  box  operated  in  the  same  manner  ns 

>y  "’ore  pivoted,  and  wore  not  rigid 

•ant  box  acts  in  the  same  manner  as  a  din- 

Wlint,  if  anything,  would  bo  the  diflerenco  in  the 

in  Mr.  Irwin’s  application  now  in  interference,  so  far  as 
the  transmission  of  electric  waves  corresponding  to  tho 
sound  vibrations '( 

A.  If  Mr.  Irwin  and  Mr.  Voclker  used  metallic  con¬ 
tact  points,  and  their  instruments  worked,  then  the  in¬ 
strument  shown  in  EXIIII  BIT  IlM)  would  also  wor  kin 
the  same  milliner,  ns  far  in  It  I  i  the  intimacy 
of  contact  is  concerned. 

Q.  40.  I  now  read  to  you  the  counts  in  Interferences 
A  and  B,  and  ask  you  which,  if  either  ot  the  instruments 
made  in  1875  contains  the  subject  mutter  of  said 
counts ' 

A.  The  instrument  shown  in  EX  II I  BIT  !)-10,  10-0, 
the  instrument  shown  in  my  patent  141,777,  the  instru¬ 
ment  shown  in  my  EXHIBIT  DEPOLARIZATION 
OE  BATTERIES  correspond  with  the  counts  in  INTER¬ 

Q.  41.  Which,  if  either,  of  the  instruments  used  in 
1S75  corresponds  to  thu  counts  in  INTERFERENCE  E  ! 

A.  Tho  instrument  EXHIBIT  A  AND  A1,  and  tho 
instrument  shown  in  EX  1 1 1  BIT  0. 

Q.  42.  Did  vim  at  any  time,  if  so,  when,  tile  a  caveat, 
showing  a  device  corresponding  In  the  count  in  interfer- 

A.  Yes,  sir;  I  liled  a  CAVEAT,  NO.  74.  January  14, 
IS70,  in  addition  to  the  one  mentioned  after  my  18th  an¬ 
swer,  which  exactly  corresponds  to  the  count  in  IN¬ 
TERFERENCE  E.  Figure  4  shows  that  instrument. 

(CAVEAT  NO.  74, sworn  to  January  13, 
1870,  tiled  January  14,  lS7fi,  offered  in 

Q.  48.  Please  describe  tho  operation  of  said  receiving 
instruments  shown  in  the  said  caveat,  and  state  which,  if 
any,  wore  actually  mndo? 

A.  There  was  a  line,  or  closed  circuit,  in  which  several 

t/4  <R, 



dot  scut  on  ono  rood,  and  other  pert  on  otlic 
him  giving  lip  anil  down  stroko  distinctive,  cimsi 
operator  to  read  without  trouble.” 

'L'lio  operator  read  dots  and  dashes  made  np  of 
[(rations,  listening  at  the  ear-piece  marked  “  oar 
I  here  produce  a  sketch  marked  EXHIBIT 
licit  was  made  by  my  assistant,  dames  Adams.  1 
te,  ‘‘5th,  187(1,”  but  tliu  month  has  been  torn  < 
is  probably  made  within  a  day  or  two  of  the  KX1 

L'lio  following  is  written  upon  the  sketch : 

‘  Platina  point  and  brass  dirphragin ;  tried  pa] 
vitli  different  chomicals ;  could  get  it,  but  artic 
lot  very  good.” 

[  have  here  a  sketch,  marked  EXHIBIT  58-K 
ly  2fi,  187(1,  signed  by  myself  and  witnessed  bv 
nms  and  Charles  Batchelor. 

I’liis  instrument  consists  of  n  number  of  contact 
;b  contact  points  resting  upon  the  surface  of  a 
;m  resting  upon  a  chamber. 

L'lio  following  is  written  thereon  in  my  own  w 
‘  I  think  the  high  notes  are  madeby  the  middle 
liaphrngm  only  vibrating,  while  as  the  notes  an 
lore  of  the  diaphragm  vibrates,  hence  by  pinch 
ict  points  from  center  to  rim  may  get  dillcrcn 
ml  have  levers  cut  in  and  out  resistance.” 

[  have  stated  that  these  contact  points  were  s 
lake  a  correction.  They  were  lovers. 

I  cannot  remember  whether  the  instrument  win 
not.  Thu  intention  was  to  transmit  artii 
iccli.  The  words  “speak  here”  are  written 
tom  of  the  ehiunlicr  carrying  the  diaphragm. 

;  here  present  a  sketch  made  by  myself,  date 
187(1,  No  71-1(1. 

l'lio  sketch  shows  a  transmitter  and  a  receiver 

j'luss  fillol  up  to  :i  short  distance  below  the  tup  of  tl 
small  tubo  with  water.  In  the  water  were  immersed  tw 
electrodes  of  a  closed  eireait  containing  a  magnet  and 
battery,  the  magnet  being  in  front  of  a  diaphragm  eoi 
nceted  to  a  chamber,  'flic  idea  was  to  speak  into  tl: 
beaker  that  the  body  of  water  in  the  beaker  would  mov 
and  amplify  the  water  in  the  small  tube. 

The  following  words  are  written  upon  the  sketch  : 

“X  water,  idea  being  to  speak  in  beaker  and  set  tli 
“water  vibrating,  thus  giving  large  amplitude  in  sum 
“side  tube  and  thus  increase  and  decrease  the  resistance 
“  giving  tiie  proper  waves  to  magnet  so  ns  to  carry  on 
11  conversation.” 

On  the  lower  part  of  the  exhibit  is  written  ns  fo 

“  Instead  of  employing  a  lease  mirror  on  the  needle  i 
“  a  Thompson  mirror  galvanometer.  I  propose  to  emplo 
‘a  thick  mirror  about  1-2  inch  long  and  1-32  inch  widt 
“  or  even  smaller.” 

J  ills  instrument  was  made  perhaps  within  a  day  n 
two  after  the  date  of  the  sketch,  hut  did  not  work. 

About  May,  1S7G,  I  started  Mr.  Gilliland  to  exper 
meat  upon  this  subject,  and  with  him  was  some  oncolsi 
i  think  Mr.  Adams,  these  experiments  were  continue 
dong  to  about  August,  and  later,  in  fact  they  were  ne\ 
;r  discontinued. 

I  have  here  a  paper  in  Mr.  Gilliland's  handwritin< 
luted  August  2,  1 87(1,  which  is  put  in  as  EXHIBITS  101 
10,  102-10,  1(13-10,  104—10. 

I  produce  an  EXHIBIT  MARKED  “TALKINt 

This  sketch  illustrates  a  transmitter  consisting  of 
tube  with  a  diaphragm  to  the  center,  of  which  is  fust 
mod  a  number  ot  strings.  These  radiate  out  some  dii 
anee  from  the  faee  of  the  diaphragm  and  are  councctci 

o  contact  springs  in  front  of  t  t  j  ts 
The  springs  and  points  are  all  included  in  a  closoi 
lircuit  containing  a  battery  and  a  telephone  receiver 
'POH  speaking  into  this  tube  the  contact  nnints  war 

I  will  now  refer  to  EXHIBIT  104-JO.  T 
i  resonant  tube,  or  n  elmniber  provided  will 
immediately  opposite  is  n  spring,  sceiircd  «t 
screw,  mill  near  the  center  to  tlie  dinplirngi 
(lie  end  of  the  spring  is  a  T,  having  not 
wliieli  a  nninber  of  contact  springs  faced  or 
These  springs  were  arranged  witli  resist! 
bv  the  vibration  of  the  springs  conncctci 
phrngm  a  complicated  system  of  contacts 
which  put  in  and  took  (rom  a  circuit  resist! 
unit  containing  a  battery  and  n  telephonic  r 
This  instrument  was  constructed,  perlmpi 
1870,  although  it  might  have  been  a  iiionl 

That  sketch  was  made  in  August,  1870. 
ment  did  not  work  satisfactorily. 

Another  form  is  shown  in  EXHIBITS  I 
consists  in  a  multiplicity  of  contacts,  in  coi 
a  vibrating  spring,  set  in  motion  by  a  diapl 
This  instrument  was  also  miide'and  wor 
cieut  degree  to  allow  us  to  hope. 

This  principle  was  experimented  on  up 
of  IS77,  and  is  embodied  in  my  patent : 

April  3(1,  I S78,  filed  Dee.  13,  IS77. 

In  sketch  103-10  is  shown  an  illustrati 
with  a  diaphragm  resting  upon  a  flexible 

electrode,  and  the  same  were  included  in  t 
tabling  a  battery  and  a  telephonic  receiver. 

The  resistance  of  the  circuit  was  niton 
pression  of  the  flexible  tube  altering  tbo  si; 

describe  the  miilillo  diagram  in 
IS  whether  the  instrument  reprc: 
i-  made  or  used, ami  with  wlmt  I'i'sii 
uncut  shown  in  EX  II I  HIT  It- 1 2  is ; 
wn  in  2-12,  the  ililTerairo  lteiiiii 
there  shown,  ami  tho  ends  brought 
the  diaphragm,  tho  notion  is  prat 
instrument  was  made  about  the 
wn  iiiEXllllllT  2-12.  Perhaps  th 
used  to  try  this  inoililieiition  upon 
mbit  of  trying  a' great  nnmbcrof  i: 
lumber  and  diaphragm.  One  instr 
•  or  used,  or  parts  used  to  try  exper 
of  apparatus. 

ilso,  a  drawiiii;,  written  and  dated  1 

!l,  1877,  witnessed  by  Charles  Butch 

n  pins,  between  these  pins  is  a  disk 
g  flanges  cut  upon  it,  through  then 
,  through  which  the  four  pins  pn 
secured  near  the  outer  periphery  of 
licit  served  to  press  the  plumbago  n< 

iy  niomcnlum  no  adjusting  screws;’ 
do  not  think  was  made.  In  iliagrai 
igm,  in  the  center  of  which  is  fixed  u 
n  this  metal  there  was  held  a  piece 
inns  of  a  thread  ;  upon  the  outer  s 
igo  was  a  concave  paper  disk,  the  < 
to  resist  the  sudden  movement  of  t 
an  outward  movement  of  thediaphi 
modifying  the  degree  of  pressure 
igo  and  the  diaphragm,  both  by  the  i 
igo  and  the  resistance  offered  lo  th 
by  the  paper  disk,  the  connection 
1BIT  2-12.  the  diaphragm  being  con 
I  the  circuit,  and  the  plumbago  to  111 
nratus  worked  well.  Tho  dirgrnm  N 
(lification.  I  herewith  produce  the  d 
lieve  was  used  in  the  experiment  No 


r  Mr.  Kdison  offers  in  evidei 
ked  KDI S<  h\”S  KXII I  111 T  M 
i|  lie  is  asked  whether  or  not 
1,  with  (lie  ap|dianrcs  thereon, 
sold — if  so,  when  and  to  nhout 

have  been  made.  I  think  an 
red  was  started  in  dune,  1ST!), 
Company.  A  large  number 

more  than  one  instrument  Hindi 
1 1 1  It  IT  1SS-12 — state  whether 

form  and  design,  I  don’t  think  I 

produce  any  portion  of  the  orij 
i  your  Letters  Patent  2U!1,()I4  i 
eau  produce  a  spring  having 
p  and  a  plumbago  contact  ] 
some  experiments  in  ISTT,  ; 

Q^aXto  c^- 

mako  tracings,  so  tliat  they  could  ho  kept  apart  for 

(Thu  cover  refurred  to  iutrodueud  as  a 

So.  Please  now  examine  each  of  the  Exhibit  drawings 
referred  to,  and  state  whether  or  not  the  drawing  upon 
each  Exhibit  was  made  at  the  d  i  It  „  ted  ii|  I  that 
Exhibit,  and  whether  that  drawing  it  still  the  sea;  at  it 
was  at  the  date  shown  upon  tliat.  Exhibit ! 

A.  T  believe  that  every  drawing  wat  made  on  the  d  ite 
written  upon  the  paper,  and  I  do  oat  think  anv  changes 
whatsoever  have  been  ma  le  in  the  drawings.  There  has 
boon  inttaueet  where  drawings  were  made,  and  a  date 
anil  title  was  not  written,  hut  always  within  three 
or  four  days  the  date  was  placed  upon  the  paper,  which 
date  was  the  date 'written,  liunee  the  diagrams  would  in 
this  ease  he  made  before  thu  date  upon  them.  These 
bosks  were  scattered  all  over  the  laboratory,  so  that  if  I 
wished  to  express  an  idea,  or  explain  a  movement  or 
design  to  an  assistant,  I  would  pick  up  a  hook  near¬ 
est  by,  write  the  title,  d  ite  it,  put  my  name  down,  and 
make  the  drawings.  When  the  hook  was  full,  they  were 
collected  together  and  fresh  hooks  scattered  around  tho 
I®*  laboratory.  We  ha  1  bean  taught  hv  numerous  interfer¬ 
ences  the  valuo  of  these  records,  and  the  necessity  of 
figuring  in  hooks,  in  place  of  separate  scraps  of  paper, 
which  were  very  liable  to  he  lost. 

S  i  Q.  Are  all  of  the  sketches  and  drawings  which 
you  have  dated  ami  witnessed,  or  have  some  of  tiicse 
precautions  been  overlooked  or  omitted  ! 

A.  f  have  many  drawings  taken  from  tliuso  hooks 
which  are  neither  witnessed  or  dated,  hut  the  majority 
are  both  witnessed  and  dated. 

87  Q.  Have  you  found  any  more  of  tho  EXHIBIT 
SPRINGS  42-112 

ides,  tlie  diaphragm  being  then 

le  time  in  September  nr  Oetoln 
nunt  which  I  produce. 

Instrument  oiTered  in  e 
TIM)  DBS.” 

i  instrument  is  substantially  tin 
II’KU,  1S"7,  with  the  cxceptio 
of  platinn  were  used,  betwee 
in,  the  initial  pressure  between 
le  carbons  was  produced  by  a  r 
iiphriigni  when  the  electrodes  w 
a  the  model  the  carbons  have  d 
ml  the  rubber  tube  which  was 
u  the  diaphragm  Inis  become  d 
-odiicc  a  sketch  made  Oct.  2,  I 
s  Adams,  and  signed  by  niyscll 
liicli  shows  in  the  figure  Heart 
Hid  a  pointed  lever  adjusted  hi 
1  from  the  diaphragm.  The 
ise  tho  diaphragm  of  the  lever 
■libber  tube  is  placed  between 
e  back  of  the  lever  for  giving 
screw  upon  tho  right  hand 
gli  the  bridge  to  the  lever,  and 
end,  causes  such  lever  to  appn 
inpbragm  and  modify  the  initi 

e  cork  was  placed  upon  the  di 
through  it.  in  the  bottom  of  w 
la  connected  to  one  polo  and  a 
the  carbon  which  pressed  upon 
■  impression  is  that  this  instrut 
(Sketch  ottered  in  ui 
‘  EDISON'S  EX  1 1 

indo  at  tho 

tor  in  relation  to  u  telephone  was  mado  nml  operated,  I 
think,  about  Feb.  1ST!). 

Q.  OS.  Please  ntato  wlmt  workman  made  the  same,  and 
!tow  you  are  aide  to  iix  the  date? 

A.  The  instrument  was  mado  by  my  nephew,  CIiiib, 
Edison,  and  I  iix  the  date  by  referring  to  his  records 
>f  experiments  mado  to  perfect  the  chalk  telephone,  or 
notograph  telephone,  according  to  my  patent  N.  221,057. 
Ie  started  experimenting,  as  near  an  J  can  remember,  in 
iopt.  1S7S,  on  motograph  telephones,  and  continued  such 
experiments  up  to  about  March.  1870,  when  lie  left  for 
tutrope.  It  was  a  month  or  so  previous  to  his  departure 
hat  lie  made  the  instrument  in  interference.  (Jims.  P. 
Sdison  never  returned  ;  he  died  in  Paris,  a  few  months 
ftcr  his  arrival  there. 

Q.  00.  Have  you  been  able  as  yet  to  take  the  time  for 
ollectiug  together  and  assorting  vour  drawings  and 
ketches  relating  to  this  motograph  telephone? 

A.  1  have  not. 

Q.  100.  Have  you  been  ahlo  as  yot  to  iiml  the  drnw- 
lgs  of  this  particular  instrument  or  instruments  mado 
v  elms.  P.  Edison,  previous  to  his  departure  for  Eu- 

Q  101.  Are  von  able  to  produce  am 
igs  representing  the  precise  subject 
iterferferonces ? 

A.  Only  one,  which  I  now  produce. 

102  Q.  Please  state  when  this  drawing  was  made  and 
hat  is  shown  upon  it  ? 

A.  This  drawing,  I  think,  was  made  about  July,  I S79; 
is  dated  July  18,  1870,  and  witnessed  by  Chas.' Batch¬ 
er  "»i[  John  ICrucv.i ;  it  is  marked  a  magnetic  tele- 
10110  ,  it  is  a  bar  of  iron  which  is  rotated  by  a  handle : 

tins  bar  passes  through  a  helix  of  wire  not  rotated ;  o 
the  surface  of  the  bar  at  one  end  is  an  iron  lovor  rostiir 
upon  tho  surface  at  one  end  and  connected  to  the  centr 
of  a  diaphragm  at  tho  otiior  ond,  and  is  in  all  rcspoct 
the  same  as  in  my  application  No.  188. 

100  Q.  Is  there  anything  upon  that  sketch,  EXIIIBr 
100-14  beside  this  motograph  telephone  receiver,  am 
state  whether  or  not  there  is  anything  that  enables  yo 
to  know  whether  or  not  this  is. a  drawing  from  wliiel 
Chits.  P.  Edison  made  tho  instrument  as  spoken  of  be¬ 
fore  in  your  testimony ? 

A.  Yes,  there  is  an  induction  coil,  a  cell  of  batter 
and  a  carbon  inertia  transmitter.  I  am  certain  the 
Clms.  P.  Edison  did  not  make  his  instrument  from  thi 
drawing,  as  the  form  of  transmitter  shown  ill  this  draw¬ 
ing  was  not  in  use  when  he  was  here.  My  impression  i 
that  this  drawing  was  made  by  1110  as  explanatory  of  thi. 
.instrument  which  he  mado  to  some  person  who  I  wa; 
endeavoring  to  illustrato  the  principle  to,  I  naturally 
using  the  transmitter  now  in  vogue. 

104  Q.  Returning  now  to  the  instrument  mado  by 
Clias.  P.  Edison  about  February,  187!),  pieaso  describe 
tlie  same,  and  if  it  was  mado  in  more  than  one  form 
state  tlie  different  form,  and  tell  us  whether  or  not  any 
of  tho  instruments  made  by  him  were  actually  made  use 
of  in  receiving  articulate  speech  ? 

A.  The  instrument  shown  in  EXHIBIT  100-14  wai 
identical  with  one  form  which  he  made.  I  will  now 
proceed  to  make  a  drawing  of  another  form  which  I  re¬ 
member  he  made  and  tried. 

Drawing  made  and  offered  in  evidence 
and  marked  “EDISON’S  EXHIBIT 

105  Q.  State  what,  if  anything,  is  tho  dilferonco  be¬ 
tween  tho  instrument  shown  on  this  exhibit  and  the 
instrument  shown  011  EXHIBIT  100-14? 

A.  la  tlio  instrument  shown  on  EXHIBIT  1C3-M 
tho  friction  was  produced  by  direct  magnetic  attraction 
between  tin  moving  magnetic  bar  anil  the  lover  connected 
to  the  diaphragm,  while  in  oxhibi'  eallod  EXHIBIT 
tion  wu  prolate]  by  itii'nY.Dm,  but  not  directly,  lint 
through  tlie  medium  of  it  love.1  resting  upon  n  rotating 
bar,  such  lever  being  made  to  press  upon  the  rotating 
b.n.-  with  greater  or  lesser  pressure,  ns  I  1  g  I 

was  energized  in  a  greater  or  lesser  degree. 

ICO  Q.  Bid  cither  of  these  telephones  receive  articn- 
lnto  speech  ? 

A.  Y03,  sir. 

107  Q.  About  how  often  wore  they  tested  and  over 
about  whit  period  ? 

A.  They  were  tested  pei'liaps  n  week,  different 
alterations  being  made  upon  them  all  the  time,  flic 
results  were  not  considered  siiflieicutly  satisfactory 
compared  to  the  plans  which  wo  were  working  on,  and 
shown  in  my  patent  221,937,  and  we  laid  the  matter 
aside  until  tho  instrument  shown  in  my  patent  221,957 
was  patented. 

10S  Q.  About  how  mnny  instruments  in  all  have  you 
made  containing  the  precise  subject  matter  of  these  pre¬ 
sent  interferences? 

A.  I  think  two  were 

109  Q.  And  iiow  many  alterations,  if  any,  were  made 
to  these  two  instruments? 

A.  A  groat  many  alterations  were  made,  so  as  to  im¬ 
prove  the  volume  of  sound,  so  tlint  it  would  compare 
favorably  with  the  plan  described  in  my  patent  221,957? 

110  Q.  Who,  if  anyone,  know  of  tlio  construction  and 
use  of  those  instruments  containing  the  precise  subject 
matter  of  these  interferences  besides  Charles  Edison,  who 
is  now  dead. 

A.  I  think  Charles  Batchelor,  Francis  Upton,  and 
John  Ott  know  something  about  the  experiment. 

11 1  Q.  In  tlie  sketch  which  yon  bnvo  placed  in  ovi- 


tiiomas  a.  ltmsox.  247 

donee,  marked  “EDISON’S  ELECTKOMGItAPniO 
RELAY,  AUG.,  1870,"  you  have  roprosontod  tlio  ap¬ 
paratus  as  lining  adapted  to  tlio  opening  and  closing  of  a 
secondary  circuit  for  a  Morse  sounder  or  other  similar 
instrument,  have  you  not? 

A.  Tito  motion  produced  was  utilized  for  that  purpose 
that  is,  opening  and  closing  a  local  circuit;  in  this  case 
the  diagram  is  illustrative  of  the  m-iiiciplo. 

1 12  Q.  When  was  tlio  first  instrument  constructed, 
experimental  or  otherwise,  in  which  tins  principle  of 
varying  tlio  friction  between  two  surfaces  by  tlio  iuerenso 

and  decrease  of  an  eiocrie  current,  in  n  circuit  acting  ^48 
through  tlio  electro  magnet? 

A.  Tlio  first  instrument  constructed  where  tlio  increase 
or  decrease  of  friction  was  produced  by  electro-magnet¬ 
ism,  by  varying  the  strength  of  an  electric  current  in  a 
circuit  without  totally  breaking  tlie  circuit,  was  mndo 
about  February  1 879. 

113  Q.  Wns  tlie  instrument  you  now  refer  to  tlio  snmo 
one  which  you  have  testified  to  having  been  made  by 
Charles  P.  Edison? 

A.  Yes,  sir. 

114  Q.  Is  tlint  instrument  now  ill  existence? 

A.  T  think  not.  I  think  it  lias  been  takon  apart  and 
my  assistants  arc  now  looking  for  tlio  parts. 

115  Q.  Yoiiliavo  stated  tlint  two  instruments  embody-  249 
ing  this  principle  in  different  forms  were  made  by  Clins. 

P.  Edison;  which  of  those  two  forms  which  you  have 
described  was  first  constructed? 

A.  I  think  tlie  one  made  precisely  ns  tlie  one  in  inter 
fcrcnconnd  shown  in  my  EXHIBIT  109-14. 

110  Q.  Did  both  of  these  instruments  articulate  speech 

A.  Inm  quite  sure  the  one  shown  in  EXIUBIT  109-14 
did,  but  I  am  not  sure  as  to  tlio  otlier  form  ns  in  ED¬ 

1I7  Q.  By  whom  were  the  tests  of  this  instrument 

A.  I  think  by  Charles  P.  Edison  and  Charles  Unteh- 

Q.  118.  0.m  yon  state  what  kind  of  a  transmitter  was 
nso.l  in  connection  witli  tins  instrument  ns  a  receiver 
dining  lliese  tests! 

A.  Yes,  sir;  it  was  a  regular  Edison  Carbon  tranennt- 

I10Q.  You  have  said,  referring  to  the  tests  of  this 
instrument,  that  the  results  were  not  considered  suffi¬ 
ciently  satisfactory,  compared  to  the  plans  which  von 
were  then  working  on  and  shown  in  your  patent  221,1)57, 
will  yon  please  statu  more  delinitcly  in  what  particular 
the  results  were  unsatisfactory  or  defective! 

A.  It  wn3  not  so  loud  as  the  nlan  bIiqwii  in  rat, 
231,957,  hence  we  laid  it  aside  for  the  time  being  to  per¬ 
fect  the  plan  shown  in  iho  patent. 

Q.  1'30.  Can  you  give  approximately  the  date  at  which 
tlis  experiments  with  this  apparatus  were  discontinued  ? 

A.  I  think  in  February,  1S79,  wo  stopped  working 
the  instruments. 

Q  .121.  1’etwcen  the  month  of  February,  1ST!),  and 
the  time  of  your  application,  Dee.  31,  1ST!),  was  any 
time  devoted,  and  if  s  >,  hew  much,  in  relation  to  tele¬ 
phones  in  which  the  diaphragm  was  moved  by  friction 
between  an  arm  extending  from  the  diaphragm  and  a 

A.  I  had  several  men  working  on  telephones  working 
on  friction  between  an  arm  on  a  diaphragm  and  a  moving 
surface,  but  no  work  was  done,  I  think,  on  tho  pliin  where 
tho  friction  was  regulated  by  magnetism. 

Q.  122.  Did  you,  in  any  manner,  ahaudon  yonr  inven¬ 
tion  of  magnetic  motograph  tclophonc  now  in  interfer- 
foroacc,  either  by  expressly  stating  that  you  gave  tho 
same  to  tho  public  or  otherwise  3 

Counsol  object  to  the  above  question  ns 

matter  asuio  tor  tho  time  nomg,  uoairmg  to  nrst  penum 
tho  plans  shown  in  my  patent  No.  221,957. 

Q.  12.3.  Is  there  or  not  any  substantial  difference  be¬ 
tween  the  instrument  made  for  you  by  Chas.  P.  Edison 
in  tlio  early  part  oftho  year  1879  and  the  instrument 
shown  in  your  application  No.  1S3,  tiled  Doe. 31,  1879  ! 

Same  objection. 

A.  No,  sir;  no  difference  botween  one  form  that  lie 
made  and  tho  application. 

Q.  124.  State  whether  or  not  you  have  yet  been  able 
to  find  either  of  tho  original  instruments  thus  you  have 
roferre  l  to  in  this  case  ! 

A.  They  have  not  yet  been  found. 

Q.  125.  Statu  whether  or  not  in  either  of  the  instru¬ 
ments  made  by  Chas.  Edison,  the  revolving  core  was 
permanently  magnetized  ? 

Objected  to  by  counsel  as  lending. 

A.  Yes,  sir;  in  one  case  it  was. 

Q.  120.  What  was  the  object  of  permanently  magne 
tizing  that  core ! 

Same  objection. 

A.  The  object  waste  produce  an  increase  and  decrease 
of  a  constant  magnetic  Held. 

127  Q.  Pleaso  introduce  any  other- exhibits  you  inn; 
linvo  made  in  the  year  1877,  which  you  may  think  ad 
visible  ns  either  bearing  upon  the  general  question  nov 
in  issue,  or  as  showing  your  diligence  up  to  the  time  o 
your  application  mule  in  December,  1877,  and  now  ii 
tiiis  interference  ? 

A.  1  here  present  the  following  exhibits: 

1-12,  3-12,  7-12,  9-12,  10-12,  11-12,  12-12,13-15 
14-12,  15-12,  18-12,  22-12  (drawing  portion  only; 
24-12,25-12,  27-12,  28-12, '81-12,  32-12,  34-12,  30-1S 
38-12,  44-12,  45-12,  40-12,  47-12,  48-12, 51-12,  53—15 

A.  No,  sir.  I  have  already  testified  that  1  laid  the 


clock  A.  SI. 

to  Thursday,  ‘Nov.  11,  18S0,  at  10 1-2 
S.  L.  6.,  Notary. 

Laboratory  of  T.  A.  Edison, 

Slenlo  Park,  N  e\v  J  crsey. 

Tiiubsdat,  Nov.  11,  1880. 

Slot  pursuant  to  adjournment. 

Same  parties  present. 

Examination  of  T.  A.  Edison,  E‘q.,  continued. 

A.  I  think  I  have  several  such  publications  and  will 
ave  search  made  for  them. 

The  following  publications  aro  referred  to  as  Exhibits 
l  this  case,  and  tile  particular  articles  are  reprinted  in 
lie  book  of  the  Exhibits : 

’ublication  A. 

'  Edison’s  Pressure  Belay. 

Journal  of  the  Telegraph,  Jnnel,  1877,  page  103. 
Scientific  American  Supplement,  Aug.  4, 1S77. 
publication  II. 

Telephonic  inventions,  descriptions  of  the  inventions  . 
>f  Hell.  Gray  and  Edison. 

In  Philadelphia  Press,  July  0, 1877. 

In  the  Journal  of  the  Telegraph,  New  York,  July 
LG,  1877. 

This  article  was  also  published  in  other  pnpers,  E.  G. 
Scientific  American. 

Publication  0.  , 

"The  Edison  Telephone. 

In  the  Sunday  Trojan,  Troy,  Now  York,  September 

Publication  D. 

The  Telephone  Concert. 

In  the  Chester,  Pennsylvania,  Evening  Nows,  Sept, 

Publication  E.  , 

- PISgrtuunuTof  Grand  Exhibition  of  Edison’s  Tele¬ 
phones,  Oet.  18, 1877,  at  the  Tabernacle,  Jersey  City. 

Publication  F. 

Testing  the  Telephone. 

In  the  Daily  Graphic,  April  17, 1878. 

Publication  G. 

Genius  before  Science. 

In  the  Washington  Post  and  Union,  April  19, 1878. 
Publication  II.  . 

The  Telegraphic  Journal,  .Tan.  1, 1878,  page  1. 
Publication  I. 

- "Academy  of  Science. 

In  Nerv  York  Daily  Tribune,  April  20,  1878. 

Publication  J. 

In  the  Daily  Graphic,  April  30,  LS7S. 

Publication  1C. 

ScrHmcrVMonthly  for  April,  1878,  page  853. 

Counsel  for  Gray  objects  to  each  and  every 
of  the  above  publications  ns  evidence  of 
their  having  boon  published  at  the  times 
and  places  alleged,  or  of  thp  facts  therein 

the  undated  EXHIBITS 

Q.  135.  Please 

Aaa^  diip , 

c^9eo ,  JS~ 


nmnuitly  nml  connected  to  the  oilier  part  of  the  '-i  eitit 
ami  forming  flic  other  olcctiodc,  anil  a  spring  between 
the  (liaphr.igm  anti  e’cetrodca  in  the  form  of  a  short  piceo 
of  rubber  tube,  whereby  the  initial  pressure  between  the 
two  electrodes  can  be  varied  by  the  adjusting  screw  and 
when  in  their  proper  position  variations  tuko  place  by 
the  vibrations  of  the  diaphragm. 

Such  apparatus  was  made,  in  fact,  n  number  were 

This  apparatus  was  made  the  last  of  August  or  first 
of  Scpt.,1877. 

1  am  enabled  to  ascertain  this  fact  by  reference  to  EX- 
HIB1T  177-12,  Sept.  24, 1877. 

The  sketch  shown  on  the  bottom  of  118-15  represents 
the  electrode  of  a  musical  transmitter,  consisting  of  a 
1  1 1  „  a  platina  point  facing  a  spring  adjustable, 
between  its  support  and  the  spring  is  placed  a  piece  of 
rubber  tubing  to  prevent  a  rebound  of  the  spring  elec¬ 

This  instrument  was  made  either  in  June  or  July, 

It  is  a  modified  Reiss  transmitter. 

Q.  1H0.  Have  you  over  made  use  of  a  diaphragm  of 
very  thin  sheet  metal,  which  required  to  bo  stretched  in 
order  to  he  used  ;  if  so,  when  and  with  what  results? 

A.  I  have  used  a  diaphragm  of  exceedingly  thin 
sheet  iron,  which  required  to  he  stretched,  ns  far  back  as 
December,  1875. 

It  was  used  as  a  receiver. 

The  magnet  stretched  it  so  that  it  became  useless. 

I  have  also  used  tiio  same  in  connection  with  a  trans¬ 
mitter  in  1870.  I  think,  perhaps,  August,  1870.  I  have 
used  diaphragms  of  all  thicknesses  from  thin  tin,  which 
had  to  bo  stretched,  up  to  matcriul  which  it  was  utmeu- 

ing  to  be  stretched  were  first  used  on  my  EMI  I  HU  A 
AND  A’.  These  wore  iron. 

Q  107.  In  your  opinion,  after  the  numerous  experi¬ 
ments  which  you  have  made, is  a  diaphragm  made  of  very 
thin  sheet  metal,  fo  thin  that  it  required  to  be  stretched, 
capable  of  use  successfully  in  the  ordinary  telephone  in 
Btrumcnts  required  for  business  purposes ;  and  giro  your 
reason  for  any  opinion  ? 

A.  Such  a  diaphragm  is  not  practicable  for  business 
purposes  except  somo  means  are  provided  whereby  the 
diaphragm  is  under  constant  tension  so  that  any  expan¬ 
sions  or  any  stretchings  of  the  metal  will  ho  taken  up  by 
these  means.  If  no  menus  are  provided,  but  the  dia¬ 
phragm  originally  stretched  unprovided  with  means  for 
future  compensation  then  the  effect  of  the  sound  waves 
and  wind  rushes  in  the  act  of  speaking  will  sfreteh  tho 
diaphragm  and  buckle  it,  so  that  its  centre  will  be  out  of 
the  line  in  which  it  originally  was  when  first  stretched. 

There  will  also  be  extra  sounds  given  out  by  the  dia¬ 
phragm  and  transmitted  when  used  as  a  transmitter,  due 
to  the  loose  character  of  the  diaphragm. 

Q.  138.  In  your  opinion  is  a  metallic  diaphragm  of  a 
telephone  practically  useful  made  of  thin  sheet  metal 
attached  around  its  edges  tp  a  case  and  in  which  the 
thin  sheet  metal  lias  numerous  buckles  and  inequalities 
that  prevent  tho  surface  being  a  true  plane  ? 

A.  No,  sir;  I  do  not  think  such  a  diaphragm  is  prac¬ 
ticable  if  the  metal  is  very  thin  and  it  has  theso  buckles. 
It  would  bo  very  difficult  to  keep  the  circuit  controlling 
electrode  in  adjustment  with  relation  to  the  diaphragm. 
It  would  also  transmit  extra  wave,  due  to  tho  action  of 
air  rushes  from  the  mouth  upon  tho  diaphragm  in  tho 
net  of  speaking. 

Q.  1U9.  Suppose  an  instrument  is  niado  with  a  case 
into  which  the  sound  is  directed,  a  diaphragm  of  thin 

279  /^tua. 

(luy-4- — 

opposite  too  centre  or  tho  diaphragm  so  tlmt  after 
lull  mnoimt  of  nso  the  point  penetrated  the  thin  sheet 
nl,  could  such  tin  instrument  lie  practically  used  ns  n 

..  I  should  Buy  that  it  would  ho  self-evident  that  it 
d  not  he  used  practically. 

1411.  Tf  an  acoustic  instrument  is  adjusted  in  such 
inner  that  the  vibration  of  a  diaphragm  under  the  nc- 
of  air  waves  produce  an  electric  spark  between  a 
act  point  und  the  electrode  on  the  diaphragm,  is 
i  an  instrument  adapted  to  correct  reproduction  hv  a 
net  mid  diaphragm  at  tho  receiving  station  of  nrticn- 

f  a  button  of  compressed  lamp  black,  or  of  any  known 
nntcria)  which  conducts  clcctrie  current,  and  finely  divid- 
i:l  nr  powdered,  and  moulded  into  a  button,  and  placed 
letwccn  two  electrodes  in  an  electric  circuit,  or  a  solid 
nitton  of  metal,  tho  surfaces  of  which  are  coated  with  a 
nyer  of  linely  divided  conducting  material,  or  if  the  sur- 
'accoflhe  solid  button  be  roughened,  to  ns  to  present 
mmmerable  points,  and  placed  between  two  electrodes, 
n  a  dosed  clcctriu  circuit,  a  certain  initial  pressure  of 
ho  two  electrodes  upon  the  two  sides  of  the  button  will 
illow  the  electric  current  to  pass  from  the  electrode  on 
mo  side,  through  a  number  of  points  to  the  button,  and  , 
thence  through  tho  button  out  through  points  to  the 
ether  electrode. 

If  the  pressure  between  the  electrodes  he  now  in- 
sraase  I,  a  greater  number  of  points  will  come  in  contact 
with  electrodes,  and  a  greater  number  of  routes  will  be 
[lrerentod  for  the  passage  of  the  oloctric  current. 

If  the  pressure  is  still  further  increased,  moro  points 
will  come  in  contact,  a  greater  number  of  routes  will  be 
presented  for  tho  passage  of  the  electric  current,  hence 
at  every  incroaso  of  pressure  the  electric  resistance  of 
the  electrodes  and  buttons,  as  a  whole,  will  lie  decreased;  if 
the  surface  of  tho  button  between  tho  ole.  trodes  is  formed 
oi  very  course  particles,  a  compression  due  to  a  vibration  ot 
diaphragm,  will  diminish  the  resistance  by  throwing  in  ' 
circuit  u  greater  number  of  routes  for  tho  passage  of  tho 
euiTont,  and  a  wavo  will  be  transmitted  through  the  cir-. 
suit  corresponding  in  time  and  amplitude  or  energy  of 
the  sound  wave  striking  the  diaphragm ;  but  in  the  caso 
if  a  surface  forms  l  of  ecirso  points  tho  purity  of  tho 
wave  will  he  affected,  because  tho  electro  magnet  of  tho 
recei  ver,  when  tho  particles  are  very  coarse,  is  capablo  of 
reproducing  the  passage  of  one  coarse  point,  mid  another 
in  contest  with  ths  electrodes,  and  tho  wave,  instead  of 
being  pure,  is  nude  in  of  a  number  of  clang  vibrations 
or  grating  sounds,  which  might  be  represented  graphic- 








SEPT.,  1877. 

A.  I  hero  prodtico  mi  Instrument  made  about  Eeh.  17, 

This  instrument  is  illustrated  in  SKETCH  14-11. 

It  consists  of  a  number  of  thin  strips  of  metal,  their 
tension  being  adjustable,  the  whole  forming  a  sort  ot  a 
diaphragm  placed  in  front  of  a  box  in  such  a  manner 
that  speaking  into  the  box  would  set  the  strips  in  vibra¬ 

Platina  points  upon  the  end  of  contact  screws  formed 
one  electrode,  and  the  strips  the  other  electrode. 

A  contract  screw  was  adjusted  in  front  of  the  strips; 
each  strip  was  provided  with  a  contact  screw.  All  of  the 
screws  were  connected  through  resistance  with  the  cir¬ 
cuit.  This  was  mi  attempt  to  vary  the  resistance  of  a 
circuit  by  a  multiplicity  of  contacts. 

I  hero  produce  a  portion  of  an  instrument,  marked 

This  device  is  shown  in  EXHIBIT  10-1 1 ,  Ecbrnnry  11, 
1817,  bottom  figure,  right  hand  corner. 

This  also  was  an  attempt  to  vary  the  resistance  of  a 
circuit  by  a  multiplicity  of  contact  points,  ns  more  fully 
set  forth  in  my  patent  203,013  figures  1,  2  and  3. 

I  hero  produce  an  instrument,  marked  EDISON’S 

One  half  dozen  of  those  instruments  wore  made,  and 
the  description  of  this  instrument  is  published  in  the 

isponds  with  the  resistance  coil  shown  in  the  middle 
;nro  on  EXHIBIT  102-13,  and  with  the  side  of  this 
o  spring  connected  with  the  diaphragm  came  in  con- 

The  insulating  material  on  one  side  being  removed  so 
to  allow  of  metallic  contact  between  the  helix  and  the 
ring,  the  vibration  of  the  diaphragm  acted  to  cut  in 
d  out  resistance  according  to  tho  amplitude  of  move- 
ont  thereof. 

nilar  to  the  instrument  102-13,  only  it  is  more  per- 
litly  constructed. 

They  did  not  work  'satisfactorily  in  comparison  with 
a  other  instruments  I  had  made  wherein  carbon  was 

EXHIBIT  INSTRUMENT  121-13,  Nov.  20,  1S77 

chamber,  wlion  such  chamber  wns  lined  nt  nil,  that  was  l 
not  capable  of  rc-inforcing  some  particular  sound  when 
used  ns  n  receiver.  Neither  do  I  remember  of  any  such  I 
instrument  in  1870.  In  fact,  there  is  no  telephone  re¬ 
ceiver  which  is  not  enpiiblo  of  re-inforeine  some  nartien- 

xQ.  ISO.  Myqncstion  naked  about  receivers  not  par¬ 
ticularly  intended  to  re-inforce  n  particular  sound,  in  the 
sense  in  which  you  have  just  used  tlioBe  words  in  your 
178tli  answer.  Please  answer  my  179th  question  in  that 
sense,  if  you  have  not  already  done  so  1 
A.  I  have  used  a  receiver  in  18 To,  I  think  in  Dcccm- 
ber,  in  which  no  attempt  was  made  to  rc-inforcc  any 
particular  tone:  I  refor  to  Exhibit  A.  I  will  look  at 

the  sketches  ami  caveats  agon, _ . 

xQ.  181.  When  did  you  first  use  a  receiver  consisting 
merely  of  a  loose  plate  laid  on  a  support  over  an  electro 
magnet  substantially  like  that  shown  in  your  application 

A.  The  precise  thing  is  shown  in  two  sketches,  Atig- 
2-1,  1877,  J  ID-12  and  1 14-12.  “ 

Thu  instrument  shown  in  these  two  sketches  were  i 
made  within  n  few  days  after  the  date  of  these  exhibits..  / 
In  the  instrument  nindu  tho  diaphragms  were  loosely 

being  lost. 

A  loose  diaphragm,  that  is,  a  diaphragm  free  to  ex¬ 
pand  and  not  secured  rigidly  at  its  edges,  is  shown  in 
my  EXHIBIT. SKETCH  191-1 1,  dated  dune  20,  1877, 
it  is  the  top  figure  on  the  sketch.  Another  one  is  shown 
in  199-11,  , rune  27,1877.  These  instruments  were  made 
within  a  day  or  two  after  making  the  sketch. 

xQ.  1S2.  In  whose  handwriting  arc  the  words  “  fig. 
15,  fig.  10,”  on  tho  exhibit  sketches  for  Caveat  75  ? 

A.  It  is  my  handwriting. 

xQ.  188.  The  figures  so  numbered  on  that  sketch  are 
the  same  as  the  figures  which  hear  the  same  numbers  in 

'  cz£otsuls  o6^co  • 

If  the  key  a  was  operated  very  rapidly,  and  the  ton- 
n  of  the  spring  «  very  great,  the  lover/  might  vibrato 
i  electrode  /  without  coining  in  contact  with  the  elec- 
do  !.  Whether  it  touched  either  limiting  point  would 
lend  upon  the  number  of  breaks  made  in  the  cell  con¬ 
ning  the  battery  h. 

<Q.  1!)2.  When  operated  as  a  telegraph  operator 
uld  ordinarily  operatu  it,  in  practically  sending  tclc- 
pli  messages,  would  or  would  not  the  armature  lover 
uc  down  until  it  reached  some  stop? 

\.  It  would.  ; 

iQ.  108.  When  did  you  first  uso  in  a  telephone  the 
ss  of  soil,  fibre,  rubbed  with  plumbago  or  other  eejuiv- 
at,  which  I  believe  you  have  called  “  Hull  1” 

\.  I  think  tho  date  is  August  7,  1877.  See  sketch 
libit  9-1-12. 

;Q.  19-1.  When  did  you  first  use  a  soft  carbon  button 
ile  of  lampblack  or  other  similar  material"; 

\.  I  think  I  used  a  lampblack  button  in  February  or 
rch,  1S77-  It  was  certainly  earlier  than  March  25, 

:Q.  195.  Did  you  get  any  good  result  out  of  it  then  ! 

V.  No,  sir;  it  did  not  work  at  all;  it  was  common 

:Q.  19(1.  When  did  you  first  use  lampblack  buttons  ! 

\.  1  think  it  was  about  October  (I,  1877.  I  think  it 
i  that  carbon  which  was  used  in  exhibit  IS— 13.  ft  is 
i  mentioned  in  the  complete  specification  of  my  llrit- 
patent  No.  2999,  sworn  to  the  24th  day  of  December, 

7.  It  is  barely  possible  that  I  did  not  use  the  spe- 
!y  prepared  lampblack  until  November  or  December, 

YlA/v^J  (aaajaaj 

Pal-,  rfty?  - 

^Vdst  "* 

M-cute^  is*; 

A.  r  think  in  July,  1875  j  I  first  talked  with  lain  on 
,4  the  subject  of  transmitting  urtienlnte  speech. 

'  xQ.  211.  My  question  was  intended  to  sisk  you  when 
you  first  talked  with  him  about  speaking  telephones 
which  you  had  made  ? 

A.  If  you  mean  transmitters,  I  think  it  was  in  March 
or  April,  1870. 

•\Q,  212.  Which  of  your  agreements  with  the  Western 
■  Union  first  refers  in  terms  or  in  so  ninny  words  to  the 
7  transmission  of  articulate  speech  by  means  of  electricity? 

A.  When  they  bought  out  my  interest  in  speaking 
telephones  hy  the  contract  of  May  81st,  1S78,  which  in¬ 
ventions  were  made  under  the  contract  of  December  14, 

xQ.  213.  In  your  apparatus  shown  in  patent  141,777, 
plcasu  tell  me  whether  any  skilled  electrician  or  tele¬ 
grapher  would  practically  construct  or  expect  to  work 
tho  instrument  Fig.  1  without  some  stop  to  prevent  tho 
armature  coming  in  contact  with  tho  cores  of  the  electro 
magnet  ? 

A.  Yes,  it  would  be  nn  easy  matter  to  use  a  hollow 
helix  with  a  core  attracted  inwardly,  axially  so  that 
magnetic  attraction  would  cease  at  a  centre  point. 

®  If  such  an  axial  magnet  were  used  it  would  be  unnec¬ 
essary  to  have  any  downwardly  acting  stop. 

Adjourned  to  Saturday,  Nov.  13,  1SS0,  lit 
10*  o’eloek  A.  M. 

S.  L.  G. 

Laboratory  of  T.  A.  Edison, 

Mkni.o  Park,  N.  J.,  Nov.  13,1880. 

Met.  pursuant  to  adjournment ;  same  parties  present, 
and  Mr.  F.  II.  Betts,  counsel  for  Irwin  mid  Volkers. 

xQ.  214.  My  question  related  solely  to  the  nnnnmtus 

xQ.  215.  In  the  apparatus  shown  in  Fig.  1  of  said  pat¬ 
ent  would  any  ordinary  constructor  of  electrical  instru- 
.  nients,  or  any  ordinary  telegraph  operator,  practically 
construct  or  expect  to  work  the  instrument  Fig.  I  without 
some  stop  to  prevent  tho  armature  coming  in  contact 
with  the  electro-magnet  c  f 

A.  That  would  depend  upon  what  use  he  was  going 
to  put  the  instrument  to.  Tho  apparatus  is  for  tho 
transmission  of  uiidiilatury  currents  in  a  closed  circuit 
without  breaking  tho  same.  It  can  be  applied  to  many 
uses,  if  employed  in  a  telephone  tho  limiting  stop  i.  would 
still  lie  used. 

xQ2l(>.  Please  to  look  at  your  patent  182-000,  dated 
Oct.  loth,  18', (i,  application  filed  May  10,  1870,  and  tell 
me  whether  when  it  is  in  practical  use  the  vibrations  of 
the  reed  n  will  or  will  not  always  have  the  same  ampli¬ 
tude  1 

A.  No,  sir ;  they  do  not  have  the  samo  amplitude, 
they  constantly  vary  in  their  amplitude  • 

XCJ2I7.  Why; 

A.  For  the  reason  that  when  a  series  of  vibrations  pro- 
eecd  from  the  transmitting  station  over  tho  line  to  form  : 
a  dash  the  first  few  waves  give  it  nn  exceedingly  small 
amplitude  and  each  succeeding  wave  increases  that  am¬ 
plitude  up  to  n  point  where  tho  amplitude  will  become 
constant  after  tho  lynves  have  ceased  coming  over  the  lino 
the  fork  decreases  its  amplitude  down  to  zero  gradually. 

xQ2!8.  Plcaso  nnswor  the  same  question  ns  to  the 

the  fork  decreases  its  amplitude  down  to  zero  gradually. 

xQ2I8.  Plcaso  nnswor  the  same  question  ns  to  the 
reed  d  1 

A.  Tho  reed  d.  will  mnko  various  amplitudes  of  vibra¬ 
tions  according  to  the  strength  of  the  battery,  if  there 
is  a  strong  battery  it  may  make  vibrations  of  a  quarter 
of  nil  inch  and  ns  the  battery  weakens  tho  length  of  os- 

^  t(ssd» 'J.tUinAj 


cliamcnl  equivalent  of  n  spring  in  tin's  caso  is  appli 
tlioruin,  tlio  initial  pressure  between  tlio  electrodes  beii 
obtained  by  attraction  of  gravitation,  tlio  diiforenco  1 
tween  an  instrninent  of  tins  cliiiractcr  iiaving  a  lev 
and  one  Iiaving  a  spring,  would  bo  that  tlio  latter  migl 
if  properly  constructed,  lie  placed  in  any  positio 
whereas,  if  gravitation  was  used  to  produce  the  init: 
pressure  between  tin*  electrodes,  it  must  be  placed  in  o 
particular  position.  I  do  not  wish  it  to  be  inferred  til 
because  I  have  no  exhibit  that  I  did  not  use  spring  eb 
trades  even  before  this  date,  which  would  meet  the  coil 
in  case  I.  My  impression  is  that  I  did  have  such  clc 
trades  previous  to  July  -JO,  1870.  In  September  ai 
October,  I  remember  distinctly  I  employed  several  ole 
trades,  consisting  of  springs  one  behind  the  other,  £ 
pressure  between  such  springs  being  obtained  by  ml  jus 
ing  them  toward  the  diaphragm.  The  exhibit  102- 
shows  a  plan  of  a  device  to  amplify  the  motions  of  t 
electrodes  by  leverage  instead  of  working  them  direct 
upon  the  diaphragm. 

(The  same  objection  is  made  as  to  answ 
Ho.  221;  also  that  the  answer  is  not  l 
sponsive  to  the  question.) 

xQ.  221).  Question  repeated. 

A.  That  question  has  been  fully  answered,  except .  tbn 
as  I  have  stated,  the  levers  are  the  mechanical  equivu 
cuts  of  a  spring  in  all  respects  in  their  applications  ti 
this  purpose,  tlio  initial  pressure  being  capable  of  liein 
varied  by  gravitation  and  the  movement  of  the  instn 

xQ.  am.  Are  you  unable  to  point  out  any  sketch,  e: 
hibit  or  instrument  made  .subsequent  to  September  i 
October,  I87(i,  embodying  the  features  called  for  in  tl 




-an  xy.  W  lint  is  the  mechanical  cause 

A.  As  I  Imvo  stated  thoro  is  no  means  pn 
eronso  or  diminish  tlio  strength  of  the  enri 
the  electrodes  Bullicicnt  to  make  it  a  praetic 
for  the  transmission  of  artienlate  speech,  or 
which  could  lie  called  in  any  sense  a  pi 

Q  ouJr<rv^  ^ 

)  23(1  xQ.  Can  you  not  answer  tlio  ipicstion 

lically  i 

A.  I  will  if  you  will  state  it  more  specifies 

237  xQ  What  specific  addition  or  inodific 
lieiss  iiistriinieiit,  as  described  in  those  pul 

371  necessary  to  adapt  it  to  transmit  articulate  sp 

A.  I  have  found  that  carbon  placed  betwe 
trades  makes  it  n  very  good  transmitter. 

23S  xQ.  If  one  of  tlio  electrodes  of  the 
mitter  ns  described  in  those  publications  w 
carbon,  would  it  then  be  adapted  to  the  trail 
articulate  speech  ? 

"  A.  Yes,  sir. 

I  2  .9  xQ.  Suppose  the  electrodes  of  the  Iiei 
ter  were  made  of  iron  instead  of  platinum,  a 
in  such  publication.  Would  the  transniitti 
adapted  to  transmit  articulate  speech  i 

A.  Perhaps  something  could  lie  transuiittc 
an  instrument  witli  iron  electrodes,  providin 
face  of  the  iron  was  proto  oxydized  it  would  i 

372  poor  affair  ns  a  transmitter  of  articulate  speei 

2-10  xQ.  Why  would  it  transmit  aiticulale 
all,  if  iron  electrodes  were  used  instead  of  pi 

A.  Localise  the  surface  being  proto-oxide 
a  material  of  high  resitance,  and  being  goner 
would  present  a  number  of  points  which  mi 
under  certain  conditions  ns  to  adjustment,  „ 
and  then  being  transmitted,  but  1  think  tli 
words  were  transmitted  it  would  have  to  bo 
in  the  presont  state  of  the  art,  when  we  know 
"about  telephones.  — 

11  xQ.  Suppose  one  oi  the  eleetrodos  of  tlio  Reiss 
emitters,  ns  described  in  said  publication  wero  made 
roll,  and  the  other  of  platinum,  would  tlio  transimt- 
ic  adapted  to  transmit  articulate  speech? 

.  If  you  mean  adapted  as  a  regular  transmitter,  I 
no;  blit  if  you  incaii  could  two  experts  in  tlio  pres- 
state  of  the  art  transmit  a  word  now  and  then,  then 


13  xQ.  When  ? 

.  I  think  about  July  187(1. 

1+  xQ.  Did  you  succeed  hi  transmitting  a 
I  it  at  that  time  ? 

.  I  can’t  say  ;  we  generally  knew  what  was 
knowing  wliat  was  coming  even  a  Reiss 
pare  and  simple,  transmits  and  reproduce 
cli  sound  almost  like  that  which  was  being 
lint  when  it  was  attempted  to  transmit  s 
eh  the  receiver  tlid  not  know,  it  was  very  so 

15  xQ.  Like  which  drawing  in  Prescott’s  wi 
dug  tlie  Reiss  transmitter  was  the  one  wliii 
I  with  iron  electrodes,  about  July,  lSTItf 
.  It  was  similar  to  that  shown  on  page  13. 

10  xQ.  Have  you  got  that  instrument,  or  one 

i rf&vO 

inly  presented  in  this  cast 
s  used  at  that  time;  I  w 
e  an  instrument  that  did 
I7*Q.  In  your  answers 

n  ;  we  made  a  great  nmulicr  of 
I  don’t  know  whether  I  have  got 
nr  whether  some  of  my  exhibits 
is  ease  have-not  got  somo  of  the 
;  I  would  not  he  liable  to  pre- 
t  did  not  work  satisfactory, 
avers  to  the  233d  question,  you 

jjr  a  ^  2f>7xQ.  When  did  v»u  reduce  tlmt  ii 

/n^rCo^Aj)  eAX*vtfO^  tico  with  tlmt  degree  of  success  wliiel. 

consider  yourself  ns  having  made  it  in 
A.  It  was  in  a  practical  form  in  Pen 
t  did  not  make  it  work  owing  to  pccnlia 

since  the  present  state  of  the  art  lias  1 
have  made  instruments  of  that  kind  w 
isfactorily  us  regards  articulate  speed i, 
tory  ns  to  the  voluine  ol  sound. 

258xQ.  When  Hrst  did  von  ever  pro 
transmitter  which  worked  to  the  satisfu 
besides  yourself  in  transmitting  articiil 

A.  If  you  mean  satisfactory  in  the  s 
fulfil  my  contract  with  the  Western  U 
give  them  a  practical  telephone  I  slmiili 
ruary  or  March,  1877.  As  for  the  wall 
not  think  even  now  it  would  lie  satisfu 

cA.^  l&Tj 

j  iTj i  — .g.gj. 


that  coniiilete  in  lSTii,  . 

2o!)xQ.  I  mean  “satisfactory”  in  tin 
you  used  the  word  “satisfaction”  in  ani 
question.  Please  answer  thu  •JfiStli  qu 

A.  I  think  in  Juno  or  July.  IS7I1.  wc 
which  transmitted  articulate  speech  vet 
satisfactory  as  far  ns  it  went  as  a  telep 
hut  was  not  satisfactory  as  an  instrui 

2G0xQ.  Which  instrument  was  that;  poil 
Exhibitor  sketch  which  illustrates  it? 

A.  The  sketch  marked  Exhibit  3-1(1  illustii 
experiments  tried  in  1S7G. 

2(1 1  xQ  Is  that  tho  ono  you  referred  to  in  y 

A.  That  is  the  only  sketch  I  can  find  of  tho  instru¬ 
ment  1  referred  to. 

2(12  xQ.  Have  you  any  instruments  corresponding 
with  that  sketch  ? 

A.  Hot  exactly  corresponding  to  that  instrument.  1 
linvo  an  exhibit  called  Water  Telephone,  which  is  anal¬ 
ogous  to  this. 

2GS  xQ.  Is  the  Exhibit  Water  Telephone  the  nearest 
thing  you  have  to  instrument  shown  in  Exhibit  3- III  ? 

A.  Yes,  sir. 

2114  ,\Q.  Is  a  skin  or  animal  membrane  diaphragm 
capable  of  use  successfully  in  telephone  instruments  re¬ 
quired  for  ordinary  business  purposes  ? 

A.  Ho,  sir,  not  as  ordinarily  arranged ;  of  course  they 
would  work  after  a  fashion. 

2G5  xQ.  Have  you  ever  known  or  heard  of  one  that 
was  so  arranged  as  to  bo  capable  of  use  successfully  for 
ordinary  business  purposes? 

A.  Yes,  sir,  1  have,  but  it  is  not  so  practical  as  a  me¬ 
tallic  diaphragm,  as  it  is  more  liable  to  "ot  out  of  ad¬ 
justment,  as  1  have  seen  it  arranged.  I  do  not  here 
refer  to  a  string  telephone. 

2GG  xQ.  When  and  where  did  you  over  see  or  hear  of 
this  ? 

A.  As  far  as  a  diaphragm  alono  is  concerned,  made  of 
I  I  .  1  L-d  it  in  1875.  I  used  it  at  various 
times  in  187(1,  but  if  you  refer  to  its  connection  with 
other  instruments,  to  make  a  transmitting  telephone  for 
public  use,  then  I  think  the  combination  was  made  by 
myself  in  February  or  March,  1877. 

2G7  xQ.  Point  out  the  sketch  or  exhibit  which  illus¬ 
trates  tho  tclcphouo  spoken  of  by  you,  as  made  in  Feb¬ 
ruary  or  Mureli,  1877. 

U ,  3-io, 

4 trvlu)  J6 


Co-wdf  '■ 

tyh-eA  t  j  y 

-fycoJh TA^  ir— // 

is  afterwards  ill :i ii^uil .  iiml  embodied  in 
iliic  1 1 i:i i ill ra^m  lining  substituted.  In  para- 
t  application,  lliu  following  occurs:  “The 
(/,  are  appliuil  at  the  side  or  end  of  their 
ies.  mill  tlic.-e  slnmlil  lie  provided  with 
r.  /',  and  ligltlcning-srroyvs  </■  somewhat 
r  a  k(;llliMiiiiiiiv.suL_lLint_lli«  diaphragms 

^according  to  tlic~si/.c  nf  tin*  instrument.’’  In  I  lie 
■tell  8-11,  the  top  tiiriirn  i>H  llie  left-hand  side  Ulus¬ 
es  a  means uf  sKljust i nir  the  tension  of  the  diaphragm, 
I  have  staled,  l  arilimeiil  diaphragms  have  lieen 

(Imjls  I 

Kxhihit  S-l  1.  willi  a  parchment  diaphragm,  for  any  linsi 
ness  purposes  ; 

A.  1  used  it  on  a  telegraph  wire  and  transniilted  and 
reprndueed  articulate  speech  with  such  a  degree  of  suc¬ 
cess  that  it.  was  eapalde  of  use  for  business  purposes,  but 
1  I  did  not  permit  it  to  be  used  for  business  purposes — 
that  is  to  say,  that  particular  instrument. 

270  xQ.  Is  a  stretched  membrane  diaphragm  capable 
•of  use  successfully  for  business  purposes  without  means 
being  provided  for  adjusting  its  tension  and  thereby 
keeping  it  in  a  state  of  tension  ? 

A.  That  will  depend  on  the  character  for  inciius  fin 
increasing  and  doercasing  the  strength  of  the  current. 

V.  If  the  means  employed  for  varying  the  resistance 
the  circuit  are  such  as  to  allow  of  the  transmission  of 
ieiilate  speech  when  great  pressure  is  placed  upon  the 
diluent  diaphragm,  then  this  pressure  keeps  tlio 
phragni  in  its  state  of  tension  mid  the  instrument 
tild  operate,  or  if,  on  the  other  hand,  hut  light  pres 
e  could  lie  placed  upon  the  diaphragm,  and  the  devices 
id  were  for  transmitting  articulate  speech  was  not  very 
isitive,  aud  it  was  necessary  to  talk  loud,  then  the 
istiirc  of  the  hrenth  would  cause  a  warping  of  the 
ph'fngni  nntl  throw  the  instrument  out  of  ndpistiuoiii. 
;nin,  if  the  tension  regulator  was  very  sensitive,  the 
•son  could  stand  off  a  great  distance,  so  as  to  prevent 
i  moist nrc  of  the  breath  from  coming  in  contact  with 
t  diaphragm.  If  a  Reiss  transmitter  was  used  with  a 
rehment  diaphragm,  and  no  means  were  provided  for 
jping  the  diaphragm  in  a  state  of  tension,  it  would 
in  luickle  up  by  the,  effects  of  moisture  and  throw  the 
tnunciit  out  of  adjustment  when  provided  with  a 
id  point,  or  transmit  a  great  many  extra  sounds  not 
iired  when  a  flexible  spring  contact  electrode  was 
id;  besides,  when  buckled  and  flabby,  tlio  wind 
dies  would  tend  to  throw  tlio  electrode  out  of  adjust- 

(^sr ^ 

272  Rc-D.  Q.  You  speak,  hi  an  answer  to  cross-inter-  393 

jatoay  23S,  of  an  instrument  similar  to  the  3\eiss  - 

usuiitter,  with  one  oi'  tlio  electrodes  of  carbon ;  state  i 

ictlicr  or  not  the  Reiss  transmitter  would  be  adapted 

the  practical  transmission  of  articulate  speech  if  the 


night  causa  a  rebound,  as  in  the  instruments  i  llustratcd 
in  the  Speaking  Telephone  by  Mr.  Prescott  i 

Objoetoil  to  by  eoiinsel  for  Irwin  & 
Voolker  as  involving  an  assumption  op- 

1-  A.  I  ilo  not  think  it  il  I  I  l  i  |  a  I  I  t  c  t 

if  no  means  wore  taken  to  prevent  or  reduce  to  a  con¬ 
siderable  extent  the  rebound  of  the  electrodes,  but  then 
if  carbon  wore  used  as  an  electrode  it  would  not  l>o  a 
Reiss  transmitter. 

27!1  R-D.Q.  You  speak  of  considering  nu  invention 
complete  when  it  is  in  a  form  adapted  to  public  use. 
State  whether  or  not  in  your  efforts  to  produce  a  tele¬ 
phone  instrument,  you  lessenud  or  suspended  your  efforts 
at  any  time  when  you  had  obtained  an  instrument  capa¬ 
ble  of  producing  articulate  speech,  but  which  might  have 
been  discovered  as  liable  to  become  injured  wlion  handled 
in  tlio  ordinary  manner  by  tho  public. 


A.  I  never  lessened  my  efforts  to  make  a  telephone 
which  would  be  practical  in  the  hands  of  tho  public  from 
IS75  up  to  1873.  It  must  lie  remembered  that  it  was 
Win.  Orton  who  decided  whether  an  instrument  was  or  not.  f  submitted  several  instruments  to 
him  which  I  thought  woro  practical,  but  which  lie  de¬ 
cided  wore  not,  and  T  know  that  much  worse  instru¬ 
ments  than  I  presented  to  Mr.  Orton  aro  working  to-day, 
and  people  are  paying  for  tho  use  of  them  now. 

271  R-D.Q.  Tu  connection  with  your  testimony  you 
have  spoken  in  somo  instances  of  your  experiments 
Will  you  please  define  your  understanding  of  that  word, 
so  far  as  you  have  used  tho  same  ? 

A.  [  should  say  that  an  experiment  was  an  effort  to 
accomplish  a  certain  object;  if  the  object  was  not  accom¬ 

plished,  tho  experiment  was  a  failure,  but  if  tho  object 
was  accomplished,  the  experiment  was  a  success^. 

275  II-D.Q.  In  connection  with  your  telephones,  what 
was  tho  object  sought  by  you  to  ho  accomplished  ? 

A.  Tho  production  of  a  speaking  telephone,  callable  I 
of  practical  use— one  tlmTllie  public  would  pay  the 
Western  Union  for,  and  one  the  WcstoriTtlmon  wonTiM 

"^TURd).  Q.  Relerring,  then,  to  your  answer  to  re¬ 
direct  question  27-1,  aro  we  to  understand  that  you  uso 
the  term  experiment  in  tho  sense  referred  to  in  your 

277  R-D.  Q.  In  answer  to  cross-interrogatory  250  and 
251  you  speak  of  the  movement  of  a  drum-stick  when 
free  to  follow  its  own  motions.  State  what  yon  refer  to 
ns  tho  dovico  giving  motion  to  the  drum-stick  2 
A,  I  linvo  already  stated  that  it  was  tho  diaphragm  or 
drum  bend; 

The  witness  states  that  Mr.  Prescott’s  hook  on  the 
Telephono'  was  published  before  August,  1878,  and  lie 
tliiuks  in  July,  1878. 

Mknlo.I'akk,  Nkw  ,1  husky, 
Friday,  Nov.  IStli,  JS80. 

CiiAin.ia  Batciiei-ou  being  duly  sworn,  deposes  ni: 
says,  in  answer  to  interrogatories  proposed  by  L.  W.  So 
roll,  Esq.,  roiinsei  for  Mr.  Edison,  ns  follows: 

1.  Q.  Flense  state  name,  age,  residence  and  oeeup 

A.  My  name  is  Charles  Batchelor,  age  ilfi,  residem 
Menlo  Park,  N.  <T. ;  assistant  to  Thomas  A.  Edisrn. 

2.  Q.  llow  long  have  you  been  employed  by  him  ? 

A.  Since  1870. 

it.  Q.  State  wliat  lias  been  the  practice  inJMr.  Edison 
establishments  in  regard  to  making,  dating  and  witnc 
ing  sketches  mid  drawings? 

A.  The  drawings  were  generally  made  at  about  the  sail 
time  that  they  are  dated  and  signed:  sometimes  the 
drawings  were  made  n  day  or  two  before  showing  to  li 
assistants,  but  were  dated  and  witnessed  by  his  nssistan 
generally  iniiner intely  after  their  explanation;  the  dim 
ings  were'  generally  accompanied  by  an  order  to  mal 
the  instruments  or  experiments  illustrated.  As  far  as 
know  the  drawings  were  never  ante-dated.  If  a  drat 
ing  bad  no  dato  it  was  left  without,  or  the  date  of  i 
limling  put  on  it. 

,|,  (1.  About  wliat  time  ilid  Mr.  Edison  commence 
construct  any  instrument  adapted  to  transmit  soul 
waves  electrically  ? 

A.  About  the  end  of  .Tilly,  1875. 

r,.  Q.  Wliat,  if  any  information,  was  possessed  by  yi 
and  Mr.  Edison  previous  to  the  time  ot  commencing 
experiment,  which  showed  wliat  others  had  done  in  tl 
general  line 

A.  1  do  not.  know  in  regard  to  what  Mr.  Edison  km 
and  I  had  little  information  on  the  subject,  but  wliat 
tool  read  nr  beard  of  the  Reis’s  telephone. 

tins  subject  aided  by 
e  doing  in  August  or 
ilerstand  the  sketch 


hi  show  1 

A.  Tlio  top  ligure  represented  a  chamber  with  a  dia¬ 
phragm  or  membrane  on  the  lower  end  of  it  connected 
uno  prong  of  a  tuning  fork,  the  other  prong  of  tlio  fork 
baring  a  point  extending  down  into  a  cup  of  mercury, 
tins  idea  being  to  transmit  sound  waves  from  the  dia¬ 
phragm  into  the  mercury  which  does  not  show 
itself  in  a  circuit,  but  I  judge  that,  was  what  was  intended. 
Die  middle  figure  allows  a  diaphragm  similar  to  Reis’s 
telephone,  to  which  was  fastened  one  end  of  a  lover,  tlio 
illicr  end  of  which  dipped  into  a  glass  of  water  and 
formed  one  electrode  of  a  circuit;  the  other  eleetrodo 
iicing  placed  directly  under  the  first.  This  circuit  in- 
ditdcd  liattery  and  a  magnet.  The  third  figure  represents 
i  resonant  chamber  with  a  diaphragm  on  its  end,  to 
which  was  fastened  a  small  piece  of  metal  in  flic  shapo 
>f  a  knife  edge;  directly  opposite  mid  adjustable  to¬ 
wards  it  was  a  similar  knife  edge  of  metal,  above  whieli 
i  funnel  was  placed,  so  that  water  or  other  liquids  could 
Irop  and  stay  by  capillary  attraction  butween  the  I  wo 
inife-edges ;  these  two  knife-edges,  I  also  supposed, 
were  intended  to  lie  included  in  an  electric  circuit  also, 
with  battery  and  sounder.  I  do  not  know  of  these  in- 
itruments  being  made  as  early  ns  the  date  I  speak  of ; 
limilar  instruments  were  iiiadu  after  thill  date. 

13  <i-  I  hure  produce  the  mass  of  exhibits  that  havo 
icen  put  in  this  ease  by  Mr.  Edison  in  giving  his  testi- 
nony;  upon  many  of  them  the  name  of  Charles  natch- 
dor  is  written,  state,  if  you  know,  who  wrote  that  name 
md  for  what  purpose;  mid  state  also  whether  or  not  the 
ixhihits  have  been  frequently  seen  by  you  silica  the  rc- 
pcctive  dates  that  they  hear ;  and  state  also  whether  or 
lot  these  exhibits  have  been  changed  m  any  essential 
iiirtieuliir  since  they  wore  made ' 

A.  I  wrote  my  name  on  them  ns  a  witness  that  the 
Irawings  were  made  at  (ho  timu  the  respective  dates 
vcrc  jmt  upon  them.  Most  of  the  exhibits  have  been 
icon  by  me  frequently  siuce  they  were  made,  and  1  do 

cr.  KMllBI  l  S-0  illustrates  a  resonant  ease,  on 
is  mounted  a  timing  fork,  also  a  magnet  noting  < 
jirong  of  (lie  tuning  fork,  also  a  contact 
ami  adjustment  for  making  and  breaking  i 
with  a  point  on  one  prong  of  the  fork.  When  tli 
net  attracted  one  prong  of  the  fork  that  held  the 
of  contact,  it  broke  the  contact  between  the  sprii 
tlie  point  on  the  fork,  allowing  the  fork  to  resu 
natural  position  in  consequence  ot  the  circuit  tl 
the  spool  lieing  opened;  ns  tlio  fork  resumed  its 
position  it  Hindu  contact  again  witli  the  spring  w 
turn  closed  the  circuit  through  tliu  spools.  This 
pented  as  often  ns  the  vibrating  time  of  tile  fork 
allow  of. 

lii  Q.  flense  state  in  that  connection,  whether 
the  spring  with  which  the  point  at  the  end  of  the 
fork  came  in  contact  acted  in  the  same  ninnner  as 
point  would  net,  and  if  not,  why  not? 

A.  The  contact  spring  is  made  flexible,  in  ordi 
it  shall  not  dampen  the  fork, which  a  rigid  point  wo 
the  object  being  to  give  ns  free  a  movement  as  p 
to  the  fork. 

hi  Q.  Please  state  in  that  connection,  whether 
tlie  action  of  a  contact  spring  would  be  the  same 
have  stated  in  your  last  answer  if  a  diaphragm  wi 
stituted  for  tlie  vibrating  fork? 

A.  Tf  a  diaphragm  was  substituted  for  the  fori 
point  was  upon  the  diaphragm  the  action  of  the 
will  lie  the  same*  the  diaphragm  being  adapted  tov 
There  was  an  electric  circuit  running  through  the 
and  the  two  contact  points.  There  were  one  or  t 
striiments  made  like  EXHI  BIT  S-0  ;  and  put  in  pi 
operation  about  November,  1 S75.  1  do  not  rcmonil 
how  those  instruments  were  put  in  circuit,  but  so 
this  spring  is  concerned  the  vibrations  of  the 
fork  would  allow  of  the  current  to  pass  in  either  i 
two  directions,  the  end  of  the  vibrating  spring  ac 

open  mid  close  the  circuit  when  moved  by  tlie  poi 
the  fork.  Isigncdnml  put  tlie  data  on  this  EX1IJB1 

Mow  llt,IS7.r».  In  EXHIBIT  0-!)  is  represented  n  tuning 
fork  upon  a  resonant  case  to  the  end  of  one  prong  of 
deli  a  German  silver  wire  spring  is  fastened,  the  ot 
d  of  which  is  fast  to  an  adjustable  terminal  the  pn 
the  lark,  the  (iorman  silver  spring  being  included  i 
sed  circuit  with  a  battery  ami  sounder.  Thu  writ 
the  exhibit  explains  what  Mr.  Edison  wished  to 
ncly,  to  increase  and  decrease  the  resistance  ofa  do; 
suit  and  produce  a  rise  and  fall  of  tension  in  such  i 
t  by  the  difference  in  resistance  of  the  German  sil 
•ing  when  its  coils  were  touching  each  other  or 
i ft.  This  instrument  was  made  and  worked  satisl 
y  as  far  as  I  remember.  I  signed  my  name  on  t 
libit  and  wrote  the  date,  Mov.  10,  I87f>,  on  the  sa 
>nt  that  date.  EX  1 1 1  HIT  lll-!>  represents  a  tuning  f( 
'tinted  on  a  resonant  case  free  to  vibrate ;  on  the  I 
the  same  case  are  mounted  four  levers  with  cent 
ills  at  their  ends  which  rest  against  four  contact  poi 
toned  also  on  top  of  the  case.  A  closed  circuit  isslio 
hiding  all  these  points  and  levers  and  a  battery  a 
iiuler.  The  object  of  the  four  contact  |H>ints  bei 
t  the  vibrations  of  the  tuning  fork  or  of  the  resom 
e  would  cause  the  contact,  points  to  slightly  open 
so,  thus  making  a  difference  of  resistance  in  that  p 
not  the  circuit,  including  the  points  and  a  rise  a 
of  tension  in  the  circuit  generally,  the  circuit  net 
ng  entirely  broken,  and  the  sounder  being  opernt 
rise  and  fall  of  tension  only.  The  upper  left  ha 
■re on  Exhibit  KM)  represents  a  timing  fork  with 
lit  on  the  end  of  one  prong  pointing  downwards 
direction  of  its  vibration  and  touching  a  globule 

with  one  of  the  many  forks  or  reeds  that  wo  had  at  that 

curv.  Another  point  standing  horizontally  and  poi 
towards  the  mercury  is  also  shown.  It  is  intend 
how  that  the  vibrations  of  the  fork  will  cause  t 
curv  globule  to  bulge  out  and  make  contact  with  t 
zontal  contact  point  to  a  greater  or  less  extent  a 
i  produce  a  rise  mid  fall  of  tension  in  a  circuit 
sh  these  points  and  a  globule  of  mercury  are  encl 
I  believe  this  experiment  wns  tried  by  Mr.  Edis 

ml  was  being  done,  and  frequently  liolpud  during  tin 
gilts.  EXHIBIT  It- 10  I  Imve  not  signed,  lint  I  liulicvi 
at  a  senes  ol  experiments  ivero  tried  about  tliat  tiini 
emmeutiou  with  a  telephone  that  wo  always  dcsig 
ted  ns  water  telephones,  in  wliieli  tho  transmitter  vn 
d  the  tension  of  the  current  in  a  closed  circuit,  by 
■•ansof  tv.-o  electrodes,  he  tween  which  was  plaeed  water 
a  salt  and  water,  or  other  chemicals,  ami  also  papci 
united  with  dilTcrcnt  chemicals ;  also  felts  mu!  otlic 
ings,  moistened  with  difTereut  ehcmicals.  The  more 
int  of  the  diaphragm  pressing  more  or  less  ngainsl 
;se  snhstanees,  caused  their  resistance  to  he  decrease! 
increased  proportionate  to  the  amplitude  of  the  vihni 
u  of  the  diaphragm.  I  rememher  such  an  inslrii 
int  being  used  as  two  vibrating  reeds  and  resonnnl 
imbers.  in  the  manner  shown  on  EXHIBIT  go- 1 II 
•  name  is  not' on  this. 

EXHIBIT  iiS-ltl  explains  itself.  I  put  my  name  upon 
it  the  date,  July  2(1,  IS7ti,  nr  thereabouts,  hut  1  do  not 
iicmhcr  whether  the  instrument  was  made.  Thu  in- 
mnent  shown  in  EXHIBIT  711-10  I  rememher  was 
de  up  from  two  or  three  other  instruments.  I  remem- 
'  the  instrument,  hut  as  my  name  is  not  on  the  drawing 
aiinot  sav  exactly  when  it  was  made.  I  have  seen  the 
living  of  EXHIBIT  lntt-10  frequently,  hut.  I  do  not 
nemlier  whether  the  instrument  was  made  or  not. 

10  Q,  Please  look  through  tho  other  exhibits  here 
isent  and  name  which  ones  you  identify  ns  having  been 
de  at  the  date  which  the  respective  exhibits  bear,  and 
icb  ones  you  have  signed  ? 

iV.  EXHIBIT  i»—  1 1 ,  is  one  of  Adams’  drawings, 

1 1  do  not  remember  whether  the  instrument  was  made 
ictly  in  that  shape,  but  I  know  that  for  some  time 
ivious  to  my  coming  back  to  tho  laboratory  in  Decern- 
•,  1870,  he  had  been  working  with  jm  I  hods 

telephonic  transmission.  EXHIBIT  0-11,1  identify 
signature  put  on  there  February  0, 1  S77,or  thereabouts; 
llustrates  u  method  of  incruasiiiL'  and  deerensino  the 

springs,  with  rollers 
i  or  other  conduet- 
of  tho  circuit,  tho 
ig  tho  length  of  the 
lade  myself,  and  it 
receiver  used  in  this 
in  front  of  a  din- 
:  chamber,  with  an 
Mbit  is  dated  Fob- 
as  a  previous  draw- 
cular  style  of  trans¬ 
fer  Mr.  Edison  as 
to  work  altogether 
iristtnas,  1 87ii. 
iruaryt),  1877, 1  re- 
and  that  it  worked, 
liu  exhibit  when  it 
lint  description  has 
1 1,  and  10-1 1,  and 
,  They  illustrate  the 
nice  or  batteries  by 
order  to  accomplish 
:  in  a  circuit  which 
represented  on  EX- 
uyself  and  Adams 
which  was  February 

f> — 1  1,  20-11,  21-11. 
tify  as  bearing  my 
us  which  are  on  the 
corresponding  to  all 
17-11,  which  I  an 

y  my  signature,  am 
cuts  well  known  t< 
the  Exhibits.  Sour 

I'AT”  wus  mndo  and  used  iis  f;ir  Imek  ns  1878,  I 
•lieve.  It  was  used  ns  u  resistance  for  some  enldo 
periments.  In  tins  ease  the  carbon  aeted  as  a  rcsist- 
lee  in  the  electric  circuit,  and  the  resistance  was 
enter  or  less  according  to  the  compactness  of  the 
rlion.  “EDI  SOU’S  EXHIBIT  B”  was  made 
nut  November  or  December,  IS7f>,  and  was  used  as  a 
leplionc  receiver.  The  strip  of  metal  that  passed 
ross  the  end  of  the  resonant  tube  was  polarized  by  tho 
rinaneiit  magnet  to  which  it  was  attached,  and  was 
brated  in  front  of  the  resonant  tube  by  an  electro 
agnet  worked  by  an  induction  current  from  the  distant 
ition.  'l’he  instrument  was  used,  but  I  do  not  remem- 
ir  with  wluit  degree  of  success.  As  far  ns  I  can  see,  the 
striuncnt  is  now  in  the  same  condition  ns  when  made, 
cept  from  the  effects  of  rust  and  dirt  mid  the  parts 
,ve  become  loose. 

“EDISON’S  EXHIBIT  A*  TUBE”  I  recognize  as 
(longing  to  three  instruments  spoken  of  ns  having 
ion  made  in  December,  187a.  The  in  t  11 

(lieve,  was  made  by  Adams  previous  to  the  month  of 
ctoher,  1870.  I  do  not  remember  the  instrument 
:iug  made,  but  I  remember  bis  working  for  a  long 
lie  on  the  principle  of  transmission  that  is 
ustnited  by  this  Exhibit.  This  instrument,  except  in 
u  looseness  of  its  part,  and  its  luck  of  adjustment,  re¬ 
sins  the  same  as  far  as  I  know,  as  when  first  seen  by 
e.  Some  time  after  I  came  back  to  work  in  the  Iabo- 
tory,  which  was  before  Christmas,  1870,  this  instru- 
eut  I  believe  was  taken  down  from  a  shelf  and  rccog- 
zed  by  Adams  at  the  time  ns  one  that  lie  had  mndo 
evionsly.  f  think  Adams  found  the  instrument  him- 
If,  and  1  do  not  believe  it  was  made  in  the  laboratory 
iring  the  time  intervening  between  my  coming  back  and 

i  finding.  »  EDISON’S  EXHI  BIT  1 17-151  ”  I  renieni- 
ir  being  mndo.  I  recognize  it  as  one  that  was  mndo 
id  used  about  Nov.  It),  1877.  It  consisted  of  a  paper 
rip  moistened  with  a  chemical  solution  kept  in  a  chain- 
ir  underneath,  which  paper  strip  was  held  between  a 
utiuuui  electrode  on  the  top  of  the  coll  and  a  platinum 
red  spring  fastened  to  a  diaphragm,  and  two  electrodes 
platinum,  and  the  moistened  atrip  being  included  in  a 
;>scd  circuit  of  a  telephone  transmitter.  “EDISON’S 
XIII  BIT  INSTRUMENT  10-11  ”  is  part  of  an  instrii- 
ent  in  which  the  cutting  in  and  out  of  resistance  or  lmt- 
ry  was  used  to  vary  the  tension  in  a  closed  electric 
rciiit.  Those  springs  being  made  to  throw  in  and  out  such 
sistauce  or  battery  by  the  vibrations  of  a  diaphragm 
tented  bv  the  human  voice.  “EDISON’S  EXHIBIT 
1ST  BUM  ENT,  1 12-1  It,”  is  part  of  an  instrument  that 
ib  made  about  Nov.  10,  1877,  and  consists  of  a  small 
ool  of  German  silver  wire  mounted  upon  a  rubber  plate 
liicli  rubber  plate  was  arranged  on  the  instrument  so 
to  be  adjustable  to  and  from  a  diaphragm  in  front  and 
ngthwise  with  this  spool  was  placed  a  spring,  which 
ns  fastened  ton  metallic  post  at  one  end  of  the  spool, 
lie  other  end  of  the  spring  being  free  to  move  against 
o  spool  so  as  to  touch  one  or  all  convolutions  in  the 
hole  length  of  the  spool.  The  free  end  of  this  spring 
us  fastened  to  and  actuated  by  a  connection  to  the  ccn- 
r  of  a  diaphragm  and  speaking  chamber.  The  object 
the  instrument  being  to  vary  the  tension  of  a  current 
electricity  in  a  closed  electric  circuit  by  means  of  cut- 
Iig  out  or  putting  in  more  or  less  of  the  convolutions  of 
io  wire  on  the  s|M)ol,  the  said  spool  being  enclosed  in  a 
instantly  closed  circuit,  with  a  magnet  battery.  1  rumcm. 
ir  the  instrument  and  that  it  worked  well.  “  EDISON’S 
XII I  BIT  I  NSTRUMENT  121-13,”  is  part  of  an  in- 
rumeiit which  workssimilarly  to  EXHIBIT  112-151, tho 
tlurence  being  that  in  this  ease  the  spring  was  made  to 
i vc  a  greater  or  less  intimacy  of  contact  upon  a  strip  o| 
umbairo  ill  the  form  of  a  pencil  lead  in  place  of  tho  spool 


7ll<J  Cl  I A  I!  I. ICS  HATCH  Kt.Olt. 

shown  in  INSTRUMENT  1 12-13.  The  strip  of  pencil 
lead  was  included  in  a  circuit  similar  to  the  speed  spoken  of 
in  1 12-13,  and  the  action  of  a  spring  was  to  make  con¬ 
nection  with  more  or  less  of  the  lead,  ami  allowing  part 
of  thu  current  to  go  through  the  spring  iustend  of  the 
lead,  thus  altering  the  tension  of  an  olectric  current  in  a 
constantly  elosud  circuit. 

The  instrument  shown  “EDISON’S  EXHIBIT  IN¬ 
STRUMENT  (17-13  is  part  of  an  instrument,  which  1 
well  remember  Mr.  Adams  making  and  Irving  with 
dilfercnt  chemicals,'  and  papers  soaked  with  chemi¬ 
cals,  as  a  telephone  transmitter.  The  lever  holding  the 
707  lelt  washer  projected  out  a  little  further,  ns  shown  in  Ex¬ 
hibit  (17-13,  and  was  connected  to  the  diaphragm  and 
speaking  chamber.  -  I  do  not  remember  what  results 
were  gut  with  this  instrument,  lint.  I  remember  its  usu 
23-13  is  un  instrument  made  about  Oct.  17, 
1377,  and  is  illustrated  hv  a  series  of  sketches 
marked  21-13,  22-13,  23-13.  21-13,  2.1-13.  My 

name  is  not  on  these  sketches,  but  I  remember  them  be¬ 
ing  made  in  the  Western  Union  Telegraph  office,  in  Jer¬ 
sey  Cot  v.  on  that  date.  The  instrument  consists  of  a 
polarized  U-shaped  bar,  to  one  extremity  of  which  is 
fastened  a  diaphragm  and  resonant  chamber,  and  to  the 
other  extremity  of  the  U  shaped  liar,  which  is  shorter 
than  the  lirst,  is  pivoted  a  bar  of  iron,  which  is  free  to 
70g  move  towards  and  is  directly  opposite  the  center  of  thu 
diaphragm.  Across  the  U-shaped  bar  is  a  hard  rubber 
bridge,  carrying  at  its  center  and  towards  the  center  of  a 
diaphragm,  a  brass  adjusting  screw,  in  the  end  of  the 
brass  adjusting  screw,  nearest  the  diaphragm,  has  been  a 
carbon  button,  on  which  the  aforesaid  pivoted  lever  was 
held  by  a  spiral  spring.  This  carbon  button  was  in¬ 
cluded  in  a  closed  circuit  with  a,  battery;  the  action  of 
this  instrument  was  as  follows:  AVlicn  not  in  use  thu 
lever  pressed  upon  the  carbon  button  with  an  initial 
pressure,  and  the  two  were  adjusted  close  to  the  dia¬ 

phragm;  when  the  diaphragm  was  actuated  by  the  voice, 
it  approached  nearer  and  receded  from  the  lover,  altcr- 
iii.r  it s  pressure  on  the  carbon  button  by  the  movement 
of  the  diaphragm,  acting  by  magnetism,  on  the  lever  that 
pressed  upon  the  carbon,  thus  varying  the  tension  of  tho 
electric  current  in  a  closed  circuit,  ot  which  the  carbon  is 
a  part.  I  recognize  the  two  diaphragms  marked  “  EX- 
“EXHIBIT  IRON  DIAPHRAGM”  as  two  of  the 
diaphragms  that  we  used  in  our  experiments.  “EDI¬ 
SON’S  EXHIBIT  INSTRUMENT  30-13,”  I  rccognizo 
as  an  instrument  that  was  made  about  Sept.  22d,  IS77, 
and  it  is  illustrated  on  the  drawing  marked  EDISON’S  7j(l 
EXHIBIT  3(1-13.  It.  is  a  good  tolepliono  trans¬ 
mitter,  and  works  in  the  following  manner:  A  dia¬ 
phragm  fastened  to  a  resonant  chamber,  has  at  its  center 
a  number  of  silk  Hull’s,  coated  pvitli  plumbago,  or  carbon, 
a  lover  pivoted- oil  one  side  of  the  diaphragm,  and  reach¬ 
ing  across  its  face,  is  free  to  move  to  and  from  tho  dia¬ 
phragm.  In  the  center  of  this  lever,  and  fastened  to  it, 
is  a"  small  hard  rubber  cup,  carrying  an  electrode, 
and  encasing  silk  “llulis’’  on  the  diaphragm ;  this 
lever  is  adjiistiblo  to  and  from  tho  diaphragm 
bv  a  spring  at  the  other  extremity  of  it. 

The  tension  of  the  lever  being  adjustable  by  a  nut 
on  a  screw  passing  through  such  spring.  The  pluni- 
tiagoed  thills  were  included  in  a  closed  circuit  with  a  lint-  -  j  j 
tery  and  the  tension  of  tho  electric  current  in  this  closed 
circuit  by  the  pressure  ot  the  diaphragm  upon  the  plum, 
bagoed  Hull  when  it.  was  vibrated  by  Uie  human  voice.  I 
100-1 1  ”  as  one  of  thcsprngs  used  in  an  instrument  that 
was  made  and  used  about  May  2fi,  1377,  and  illustrated  , 
by  the  drawing  on  EDISON’S  EXHIBIT  100-11.  The 
instrument  worked  well.  “EDISON’S  EXHIBIT  |l 
cognize  as  part  of  tho  weights  used  in  experiments  on  iner¬ 
tia  telephones.  “EDISON’S  EXHIBIT  INSTRU- 

foo  -  (( 

d  A^O 


nher  of  carbon  telephones  made  with  hard 
I  believe  they  were  made  nliout  or  prc- 
\  2(5,  1877.  The  working  of  this  instrument 
n  every  respect,  with  the  exception  that  a 
temperature  after  taikingalitllc  while  alters 
ait  slightly  by  expanding  the  ease.  Thero 
re,  not  a  great  many  of  these  instrmncnta 
case  shortly  being  changed  to  an 
what  is  known  as  one  of  the 
1  motograph  telephones,  it  consists  of 
>e,  one  end  of  which  wns  covered  hy 
in  front  of  this  diaphragm  and  adjustable, 
as  a  spring  electrode  carrying  a  button  ot 
lie  vibrations  of  the  diaphragm  causihg  a 
->ss  intimacy  of  contact  with  the  plumbago 
lie-reusing  anil  decreasing  the  tension  of  an 

lit  in  a  closed  circuit,  in  which  the  pi . . 

1  electrodes  were  inclosed  with  battery.  The¬ 
das  instrument  is  bent  in  sucli  a  manner 
mid  is  enclosed  in  a  resonant  chamber,  which 
portion  of  the  receiver  of  the  same  lnstru- 
lie  of  the  speaking  telephones  now  in  use, and 
tactically  speaking  telephone  on  this  princi- 
linvc  been  a  large  number  of  them  made 
it  1 5  months,  which  are  at  present  in  use. 
'erring  to  the  publications  shown  as  Ex¬ 
cuse,  and  marked  A,  .1),  C,  1),  E,  F,  G,  H, 
hat  do  you  know  about  them  ? 
ivero  published  in  the  papers  stated,  and  at 
led,  from  which  I  cut  them  out ;  they  have 
Dssession  over  since.  They  are  ns  follows, 

tie  headed  ‘‘  Edison’s  Pressure  Relay,”  cut 
•nal  of  the  Telegraph,  June  1st,  1877. 
ile  out  from  the  Journal  of  the  Telegraph, 
id  dated  July  10, 1877. 

Q.  House  stiito  whether  the  telephone  mi 
pm  have  referred  to  with  the  rubber  rings 
if  the  diaphragm,  was  ever  maile  use  of,  a 

Q.  What  was  the  olijeet  of  tlie  ruhlior  ring 
To  inorease  the  amplitude  of  the  vibmtioi 
rngm,  and  also  to  deailen  the  metallie  It 

Q.  Pleaso  look  at  the  drawing,  “  IC  OISOM 
IT  .‘57-12,’"  and  state  whether  your  signature 
when  the  drawing  was  made,  and  what  it  i 

2H;  1S7T,  and  it  shows  a  number  of  i 
:d  diaphragms  and  hands  on  diaphragms  of 
o  shows  a  dinpntglii  placed  hetween  ruhhe 
:  tlie  edge  of  tlie  diaphragm.  Also  I  lux 
ings  illustrative  of  these  rings,  in  order  to 
fully  tlie  experimenter  who  made  it.  Time 
ings  arc  marked,  one  as  tlie  outside  ring,  an 
isidc  ring,  and  tlie  middle,  tlie  diaphragm 
further  instructions  m  writing,  which  snv 
iror  other  soft  substance  rings  between  dii 
e  rings.” 

Q.  Pleaso  state  whether  or  not  a  telephone 
was  made  with  the  devices  shown  upon  11  E.\ 
;  and,  if  so,  about  when,  and  whether  nr  u 
iveral  forms  of  diaphragms  and  rubber  ill 
id  “  EXHIBIT 37-12.” 

Telephone  instruments  were  made,  I  liohoi 
all  shown  in  these  drawings,  and  mnnv  moi 
imo  of  the  date  of  this  drawimr.  Julv  2( 

'here  are  several  forms  of  diaphragm  and  riihber  illui 
■aled.  In  the  four  upper  figures  tlie  rubber  is  shown  i 
complete  disc,  upon  which  the  diaphragm  portion  res 
d.  In  the  doviro  shown,  the  rubber  was  simply  iu  tli 
arm  of  rings,  the  diaphragm  being  between  them. 

321J.  Please  refer  to  “EDISON'S  EXHIBIT  lb- 
2,”  and  state  whether  you  signed  the  same,  and  whet 
ml  whether  or  not  it  is  in  the  same  condition  as  it  wa 
•lieu  you  signed  it,  and  what  the  same  represents ! 

A.  I  signed  that  about  .Sept.  21,  IS77.  It  is  in  tli 
nine  condition,  1  believe,  as  when  1  signed  it  except,  tli 
ddition  of  the  Notary’s  mark  in  tlie  left  hand  lowi 
nrner.  This  mark  is,  EDISON’S  EXHIBIT  10-1-12, 
1.  !,.(!.  This  drawing  shows  a  loose  diaphragm,  restingo 
i  stretched  diaphragm  of  rubber  to  be  used  in  a  telephon 
:t:!Q.  Please  examine  the  telephone  instruments  inarke 

5CTOBER,  1677.  S.  E.  CL,  and  “EDISON’S  THREI 
IPRING  ELECTRODES,  S.  L.  G,”  and  state  wliethi 
on  ever  saw  tho  same  before,  and  if  so,  about  when  ! 
A.  Tho  instrument  marked  “  EDISON’S  A  RT1CI 
.AT INC  TRANSMITTER,  OCTOBER,  1877,”  is  on 
fa  number  of  instruments  made  on  the  principal  limikc 
a  “  E  BISON'S  EX  1 H  BIT  1(14-13.”  Ainunlierof  tliei 
i-ere  made  alioiit  the  date  of  the  drawing  liiarki: 
'EDISON'S  EXHIBIT  1(5-1-12.”  I  recognize  this  it 
triiment  as  one  of  tlie  original  ones,  and,  as  far  as  J  ea 
ee,  is  in  the  same  condition  as  when  made,  with  exec] 
ion  of  tlie  ease  enclosing  the  back.  This  Kxhilii 
3LEGTRODES”  I  recognize  as  an  experiment  tried  1: 
Hr.  Edison,  about  October,  1877.  It  is  not  in  the  com! 
ion  as  originally  made,  ns  1  see  the  rubber  diaphrag¬ 
ms  broken  away  and  only  the  edge  around  where  it 
'listened  to  a  serow.  The  carbon  buttons  also,  I  see,  a 
;onc.  I  remember  this  instrument. 

y-1  Q.  Please  oxatnino  EDISON’S  ARTICULATIN' 
1’R  ANSM1TTEH,  and  stato  whether  or  not  this  subjo 

MB  Q.  Please  examine  “  Kill  SON’S  XII1I1IT  103- 
12,”  and  stnto  whether  tlmt  is  your  signature  where  the 
same  is  applied,  and  whether  or  not  any  change  has 
been  made  in  the  same  since  it  was  signed  hv  yon  I 

A.  That  is  my  signature,  and  the  sheet  is  the  same  ns 
when  I  put  my  name  upon  it,  -  about  August  12,  1877, 
with  the  exception  ot  the  notary’s  mark,  EDISON’S 
EXHIBIT! 05- 1 2.  S.  L  Cl. 

Mb  Q.  Was  any  instrument  made,  and,  if  so,  whun,  in 
the  form  illustrated  by  the  middle  figure,  and  described 
in  the  stiiteinuiit :  “Soft  rubber  to  deaden  the  diaphragm. 
It  works  well,  prevents  harmonics  or  excessive  vibrn- 

A.  Yes,  sir;  such  nil  instrument  was  made  and  the 
soft  rubber  was  applied  to  tbe  diaphragm  by  stretching 
two  strips  of  it  across  the  face  of  the  diaphragm  ;  one  a 
little  above  and  tbe  other  a  little  below  the  centre. 
This  instrument  was  made  August  12,  1877,  and  worked 

M7  Q.  Was  any  other  form  of  device  proposed  for 
damping  the  diaphragm  besides  the  strips  of  rubber? 

A.  Yea,  sir;  in  connect  ion  with  this  instrument,  'Mr. 
Edison  proposed  ami  wrote  out  thu  following:  “  Hard 
pieces  of  rubber  or  equivalent  material  could  bo  placed 
in  different  parts  of  the  diaphragm,  and  held  against  it 
by  adjusting  screws  to  dampen  it.”  Such  a  device  was 
subsequently  employed.  1  refer  to  “  EDISON’S  EX- 
III  HIT  0-13,  S.  L.  G.,”  in  the  upper  figure  of  which  is 
represented  a  diaphragm  dampened  by  screws  and  sec¬ 
tions  of  rubber  tube. 

38  Q.  State  whether  or  not  your  signature  is  on  this 
EX1I1  HIT  0-1 M,  and  whether  or  not  the  same  is  in  the 
same  condition  it  was  in  originally  as  signed,  by  you  ? 

A.  Jly  signature  is  on  this  EXI1IHIT  t)-|M,  and  was 
nut  on  about  October  14.  1877.  The  Exhibit  is  in  the 

33  Q.  Please  state  what  EXHIBIT  18-1-11  represents 
ml  how  it  was  used  ! 

A.  The  I’’ig.  in  EXIIIHIT  184-11  shows  a  sprin; 
arrviug  an  electrode  to  he  used  in  connection  with  a  tele 
hone  diaphragm.  The  object  of  thu  rubber  between  tin 
lids  of  the  II  shaped  spring  was  to  deaden  the  vilirn 
ions  peculiar  to  the  spring  itself,  and  for  this  purposi 
lore  was  also  used  about  June  23,  1877,  rubber  ring 
laced  around  the  shank  of  the  U  shaped  springe 
’his  I  consider  to  correspond  with  thu  count  in  “  Inter 

4H  Q.  I’lease  state  whether  or  not  the  diaphragm 
epresented  in  EDISON’S  EXHIBIT  180-12  wen 
lose,  so  that  they  might  he  free  to  play  under  the  at 
losphcric  vibrations? 

A.  The  two  figures  nearest  the  left  hand  button 
orncr  of  this  Exhibit  show  loose  diaphragms — the  liighe 
no  having  a  limited  movement  so  that  it  would  not  dro| 
If  if  held  downwards.  Tho  lower  figure  shows  tin 
iaphragm  resting  on  a  ring  of  rubber.  This  din 
hingm.  although  not  shown  hero,  was  held  by  a  spira 
pring  from  its  center  inwards.  I  believe  it  was  nine 

41  (,J. L" Please  look  at  EDISON’S  KXIIIBI'I 
SPRING  FINGER.”  which  drawimr  was  made  hv  tin 

Please  look  nt  EDISON'S  KX II I  HITS  1-13 
11-13,  mid  stale.  generally,  wlint  the  same  rcprc 

liethor  or  not  any  a  pa  nil  us  was  eorrc 

a  lliu  same? 

sir;  instruments  were  made  corresponding  t< 
tig.  and  leftliand  lig.  in  EXII I  HIT  1-13 ;  mu 
s  were  made  like  all  the  devices  shown  on  Ex 
:  and  instruments  were  made  like  the  hotlon 
on  Exhibit  10-tit.  All  of  these  instrument; 
lieally  good  talking  telephones.  The  lowei 
lig.  of  Exhibit  7-13  shows  an  instrument  ii 
diaphragm  holds  in  its  center  one  electrode 
other  electrode  is  fastened  to  n  spring  on  whirl 
idle  is  pressing.  In  this  case  there  are  tw< 
e  diaphragm  also  forms  a  spring,  which  wonh 
with  the  second  count  of  Case  ii.  the  screw 
l  ent  being  equivalent  to  the  lever  spoken  o 
nt.  ’I’lie  device  shown  in  EXHIBIT  lli-li 
siller  to  correspond  with  the  same  count.  Ii 
ices  M  r.  Edison  made  use  of  a  lever  insteai 
isting  screw,  as  shown  in  “  Exhibits  Oil- lit,’ 
tiie  left  hand  figure,  “Exhibit  1 1-13.’’ 
lease  state  whether  or  not  any  instrument  wa 
.•spending  to  Edison’s  “Exhibit  3(i-13? 
sir.  An  instrument  was  made  similar  to  tin 

lease  examine  the  exhibit  marked  “  EDI 
I  state  whether  or  not  the  same  is  one  of  tin 
istrniiicuts  containing  the  loose  diaphragm 
when  the  same  was  made  ! 
instrument  uinrked  “  Loose  .Diaphragm”  ii 
original  instruments,  and  was  made  about 
r,  I  believe. 

lease  refer  to  the  instrument  marked  “EDI 
US  I  CAL  TELEPHONE,  SEPT.,  1877,”  am 

■e  seen  the  instrument  before,  and  I 
2  about  Soph,  1877.  The  diaphragm 
tli  rubber  rings  on  ouch  side,  near  tl 

now  show  to  you  a  copy  of  the  dm 
u’s  application  No.  188,  tiled  Deeen 
sk  you  whether  or  not  you  ever  saw 
iving  instrument  corresponding  to  tli 
lirst  and  where  ? 

number  sucb  an  instrument  being  n 
ison  previous  to  bis  going  to  Europe, 
e  talking  received  on  it. 
fill  pou  please  state  the  month,  as  nca 
■t  it,  when  you  saw  tho  said  instrum 

fas  one  of  a  large  number  of  experiuu 
deli  1  was  generally  asked  to  listen  tc 
tate  whether  or  not  articulate  words 
his  instrument? 

lived  good  talking,  but  very  low. 
n  alKiut  bow  many  occasions  did  you 
i  of  this  character  ? 

lease  describe  the  same  1 
n  the  miignot  was  turned  and  the  love 
•rent  through  the  spool  would  make 
the  lever,  causing  it  to  vibrato  the  (lit 
n  such  differences. 

f  there  is  a  permanent  current  tliri 
lix,  and  tho  strength  of  that  current  ii 
iry  the  friction  of  the  rotating  coreagi 
ling  from  the  diaphragm  or  not  ? 

HO  Q.  PlenfiO  state  the  weight  of  the  Exhibits  referred 
to  in  your  97th  imswcr  ? 

A.  The  weights  marked  “  EDISON’S  KXIIIIHT 
WEIGHTS  113-11,”  weigh  about  one  hundred  and 
eighteen  grammes.  and  the  eup  and  earlion  about  09 

I00Q.  bo  you  know  when  instruments  having  dia¬ 
phragm  and  electrodes  like  “  Kdison’s  Exhibit  Mica  bia- 
phragm,”  wore  first  made  tor  eomnicreiiil  purposes  ? 

A.  I  believe  a  number  of  these  instruments  were  made 
in  Kdison’s  Laboratory  about  June  1879.  The}-  were 
made  for  the  “  Edison  Telephone  Cuiiipauy.  Limited,  of 

101  Q.  In  trying  tliese  telephones  as  you  have  de¬ 
scribed,  where  did  you  place  the  transmitter,  and  where 
did  you  place  the  receiver? 

A.  The  transmitter  was  generally  placed  in  the  early 
part  of  our  experiments  in  the  front  part  of  thu  bottom 
floor  of  the  Laboratory  ISuilding,  and  the  receiver  in  the 
hack  part  of  the  top  floor.  Afterwards  this  was  reversed. 
The  distance  apart  is  about  one  hundred  feet. 

1 02  Q.  1  lid  you  ever  place  them  any  further  apart 
than  that  ? 

A.  Yes.  Occasionally  we  took  the  transmitter  to 
either  Adam’s  or  my  own  house,  and  sometimes  to  the 
depot,  where  private  lines  run  from  the  Laboratory. 

193  Q.  You  have  said  that  these  dilTcrent  transmitters 
tlint  you  have  described,  transmitted  articulate  speech 
successfully.  Why  did  you  not  go  on  and  make  more 
of  them,  and  put  them  to  public  use? 

A.  I  believe  these  instruments  did  not  come  up  to 
what  Mr.  Edison  had  made  in  his  mind  as  a  standard  of 
a  commercially  successful  telephone.  Some  of  them,  al¬ 
though  talking  perfectly,  when  Adams  and  myself  were 
working  with  them,  not  being  thought  good  enough  by 
Mr.  Edison.  Lf  a  telephone,  for  instance,  wrs  not  a  loud 

194.  Were  there  any  telephones  at  that  time, 
summer  and  autumn  of  1877,  in  public  uso  with 
telephones  constructed  by  Nr.  Edison  would  have 
into  commercial  competition? 

A.  I  believe  there  was. 

1944  Q.  What  other  telephones  were  there  ? 

A.  ]  only  know  of  the  Hell  telephone. 

I  Ofi  Q.  bid  Mr.  Edison  at  any  time  have  an; 
phone  instrument  made  by  any  other  party  so  ai 
stitutc  a  comparison  between  the  same  and  his  owi 

A.  I  do  not  remember  at  any  time  on,  or  provi 
these  dates,  of  his  having  any  telephones  supplied 
of  any  one’s  make  until  long  after  the  earliest 
these  exhibits.  I  don’t  know  of  any  telephone 
kind  that  was  supplied  to  Mr.  Edison. 

199  Q.  bo you  know  who  made  the  instrument 
on  Exhibit  188-12,  No.  1  ? 

A.  T  believe  some  parts  of  it  were  made  by  my: 

107  Q.  bo  you  know  whether  any  one  else  was 
mg  in  Mr.  Edison’s  shop  at  that  time  besides  Mr.  j 
and  yourself? 

A.  Yes,  sir ;  John  lCruesi. 

1974  Q.  bo  you  know  whether  any  changes  were 
in  the  instrument  represented  upon  Exhibit  1S8-1 
if  yea,  what? 

A.  Yes,  sir;  numerous  changes  were  made, 
spring  I  icing  changed  a  number  of  times  for  ligli 
heavier  springs.  T  believe  Mr.  Ifreusi  made  theses 
and  they  were  afterwards  put  in  the  cups  and  trim 

108  Q.  AYliat  object  was  there  in  making  these  cln 

A.  The  object  was  to  alter  the  inertia  of  the  wet 

the  eup. 

109  Q.  And  where  these  instruments  all  testci 
the  different  springs  you  have  stated,  and  if  so  with 
result  ? 

A.  I  believe  they  were ;  they  all  worked.  They 

rd  of  til oso 

>v  Mr,  Edits 
the  rcsonn- 
k  when  np- 

tlie  volume 
:  thc.reson- 

imy  fork  to 
e  resonator 
ii  llie  parti- 
luul  its  own 

mill  tell  me 

iwing  mnik- 
u  telephone 
is  the  relay 
t  illustrated 
lid  Adams, 
a  Edison  to 
iy  prineiplo, 
e  keen  tried 

you  fix  the 
use  exhibits 

April  III,  l S 1 7,  marked  pressure  relay,  witnessed  by  you 
and  Mr.  Adams  and  Mr.  Edison,  and  tell  me  whether  there 
is  any  sketch  or  drawing  or  other  exhibit  showing  tliu 
pressure  relay  before  t  hat  date. 

A.  I  cannot  call  to  miml  at  present  any  sketch  of  a 
pressure  relay  earlier  than  this  date,  though  I  lielieve  it 
was  made  earlier  than  this. 

x  Q.  I  "Jo.  What  makes  you  believe  so ( 

A.  It.  seems  to  me  that  we  Had  it  working  much  long¬ 
er  than  two  mouths  when  it  win  i  I  Installed  in  the  .rmir- 
iial  of  the  Telegraph,  June  1st,  1877. 
xQ.  120.  After  looking  at  those  two  Exhibits  AS— 'll  and 

57- 1 1,  and  observing  also  the  directions  on  the  Exhibit 

58- 11,  do  you  think  it  would  have  been, .according  to  the 
ordinary  praetiee  at  the  laboratory,  for  Mr.  Edison  to 
have  made  the  rough  Sketch  ;>8-l  1,  for  the  first  time, 
after  you  had  a  finished  instrument  working? 

A.  Tlie  drawings  on  Exhibit  58-11  illustrate  in  my 
miml  more  how  the  material  'should  he  used  between  the 
armature  and  the  magnet  than  the  instrument  itself,  ns 
there  is  written  on  it  manganese,  blank  oxide,  or  other  in¬ 
ferior  conducting  material,  may  ho  used,  plumbago  I 
believe  wo  used  at  first,  which  is  a  very  good  conductor. 

xQ.  127.  Do  you  think  that  M r.  Edison  made  all  the 
drawings  on  58-1 1  for  the  purpose  of  stating  that  in  an 
instrument  which  you  already  laid  in  use  mngunesc,  &c., 
could  lie  substituted  for  plumbago  ? 

A.  Tlie  bottom  figure  1  do  not  know  wbat  ho  made 
for ;  the  figure  in  the  top  left  hand  corner,  I  presume,  he 
meant  for  the  same  purpose  ns  the  middle  figure,  ns  our 
first  instrument,  if  I  remember  right,  had  not  a  solid 
pieco  of  the  material  across  botli  cores. 

xQ.  128.  Please  look  at  the  sketch  00-11,  and  tell  mo 
if  it  is  not  u  drawing  of  the  instrument  EDISON’S 

i.  The  drawing,  ns  far  ns  I  cun  judge.  is  intended  for 

Q.  13!).  The  said  drawing  bears  nt  the  bottom  the 
■ds,  “  Delv’d  Ap’l  10th,”  does  it  not l 
i.  Yes. 

Q.  130.  It  hears  at  the  tup  the  mark  $4,  (loco  it  not. 
wording  to  the  usual  practice  of  marking  sketches,  does 
that  indicate  that  it  was  delivered  April  1 6th,  and 
t  its  cost  or  price  was  estimated  then  ? 
t.  If  the  party’s  name  who  put  the  writing  on  there 
i  affixed  to  the  drawing,  I  should  say  I  think  so. 

:Q.  131.  Mr.  Adams’  name  is  on  the  paper,  is  it  not! 

Tt.  is  in  ids  own  handwriting. 

Further  examination  of  this  witness  is  suspended  until 
e.  3d,  as  agreed  in  open  session. 


Met  pursuant  to  adjournment,  December  0th,  1880. 

Further  cross-examination  waived. 


Laiiouatoiiy  ok  Tuos.  A.  Edison,  | 
Mtixt.0  P Attic,  N.  J.  ' 
Thursday,  Dec.  0,  18S0. 

Lhmuki.  W.  SmtiiUt.i.,  being  duly  affirmed,  deposes  and 

l  am  51  years  old,  reside  at  Plainllold,  N.  J.,  and  atn 
of  counsel  for  Thos.  A.  Edison. 

1  liavo  been  generally  familiar  with  Mr.  Edison’s  ef¬ 
forts  to  produce  a  speaking  telephone,  so  far  as  he  has 
furnished  the  particulars  for  caveats  and  applications  for 
patents.  1  have  prepared  his  applications  for  patents 
now  ill  interference,  either  from  written  descriptions  and 
sketches,  or  models  furnished  to  me  by  him,  or  from  his 
verbal  descriptions. 

Case  130  was  prepared  from  his  verbal  descriptions 
given  to  me  March  23d,  1ST?.  I  liavo  in  my  possession 
the  original  sketch  made  by  Mr.  Edison  when  giving  to 
me  the  particulars  for  preparing  this  case,  and  I  hero 
produce  a  photolithograph  of  the  same,  which  is  here 
offered  in  evidence  marked  “  ORDER  FOR  CASE, 
No.  130.” 

Mr.  Edison  made  all  the  sketches  on  that  order,  and 
explained  to  mo  the  differences  between  musical  sounds 
and  articulate  speech  ;  his  explanation  was,  that  during 
his  experiments,  conducted  through  a  long  period  of 
time,  ho  had  discovered  that  articulate  speech  was  alto¬ 
gether  different  to  music.  'Mint  musical  sounds  had,  as 
was  well  known,  a  regular  rate  of  vibration  ;  that  speech 
had  both  a  rate  of  vibration  and  a  volume,  and  ho  illus¬ 
trated  his  ideas  and  explanations  by  two  rows  of  dots,  nnnnnr  on  and  Exhibit.  “ORDER  FOR  CASE 

ill  1877 ;  also  the  dovicc  shown  on  Exlnh- 
so  thu  device  shown  on  Ilio  upper  figure 
he  (lilies  written  upon  Exhibit  70 — 12,  78- 
2,  immely  “  Del’v’d  July  28,  1877,”  are  in 
ng;  thu  Spetiking  Telephone  instruniunts 
those  diagrams  were  made  by  mo;  I  made 
xhibit  124—12  and  tho  instruments  shown 
1-12  and  1211-12,  they  being  transmitting 
instruments;  they  were  made  in  1877;  I 
late  positively  from  memory,  but  think  it 
Ignat.;  I  recognize  138—12  ns  a  sketch 
del  which  I  made ;  this  model  was  delivcr- 
,  1877,  tho  date  being  in  my  hand-writing; 
e  drawing  2(1-13;  1  made  the  instrument 
■,  1S77;  I  also  recognize  the  sketches  21, 

;  l  also  recognize  drawings  3!)  and  40 — 13, 
t  telephone  transmitters,  which  I  helped  to 
liniment,  shown  on  Exhibit  30 — 13  I  also 
Ire  about  Oct.  1877;  I  remember  I  made 
eviecs  shown  on  sketches  102  and  104 — 13, 
Hide  about  Nov.  1877;  r  also  remember 
istrlimcnt  shown  on  140— 13,  this  was  made 
S77 .  T  also  remember  several  other  devices 
rhieli  are  shown  in  these  exhibits  besides 

yon  ever  make  any  diaphragm  for  Mr.  Edi- 
t  is  the  lirst  one  which  yon  remember! 
the  lirst  one  was  sheep  skin  with  iron  on 
1  one  was  all  iron. 
i  was  tho  iron  one  made  ? 
r  i,s  I  remember  in  187G. 
t  makes  you  remember  that  iron  diaphragm 
when  it  was  made  ? 

I  not  have  any  iron  in  tho  place  good  enough 
ise,  and  I  went  out  to  get  a  piece  from  Ha- 

'  A.  Their  placo  was  noar  the  corner  of  Market  an 
Ward  streets,  Newark,  N.  ,1.,  and  Mr.  Edison’s  place  i 
that  time  was  10  and  T2  Ward  street,  Newark.  Tli 
iron  was  very  much  thicker  than  Mr.  Edison  wanted  i 
and  r  worked  it  out  to  tho  required  thickness. 

7  Q.  What  was  done  with  it  after  you  laid  reduced  i 

A.  I  linished  it  as  a  diaphragm,  and  it  was  applied  I 
a  brass  tube.  There  was  an  oleetro-niagnet  in  front  ( 
the  diaphragm.  This  electro-magnet  was  outside  thebrai 
tube  The  electro-magnet  was  adjustable  fen  that  tl 
cores  might  bo  brought  nearer  to  or  farther  from  tl 
iron  diaphragm.  This  was  in  the  c  1\  |  t  Is 

Mr.  Edison,  after  I  had  made  a  number  of  nppnniti 
which  wore  called  acoustic  telegraph.  Mr.  Edison  h 
made  use  of  iron  diaphragms  since  that  time  on  mil 
hers  of  occasions,  and  the  iron  diaphragms  arc  used  i 
some  of  Mr.  Edison’s  latest  telephones.  These  lati 
diaphragms  arc  tin  diaphragms. 

8  Q.  State  over  about  what  length  of  time  the  elToi 
of  Mr.  Edison  have  extended  in  devising  and  perfect!) 
his  improvements  in  telephones? 

A.  As  far  as  I  know,  from  1875  until  1879.  Son 
times  fifteen  or  more  persons  were  at  work  on  tho 
telephones  under  Mr.  Edison’s  directions;  at  other  tim 
only  three  of  us.  The  work  was  kept,  up  almost 
ccssantly  during  the  period  named. 

9  Q.  Do  you  remember  at  any  time  having  anyth! 
to  do  with  a  telephone  instrument  in  which  the  el 
trades  wore  in  water,  and  if  so  what  is  your  recollect! 
on  the  subject  ? 

A.  t  remember  that  we  made  a  water  telephone, 
do  not  recollect  it  clear  enough  that  I  could  give  a  d 
cription  of  it.  I  think  it  was  in  the  year  1877,  but 
not  recollect  the  month. 

their  nlnec 


I  Q.  From  the  conversation  on  the  subject  did  yon 
>t  understand  what  Mr.  Edison  desired  to  accomplish? 

Objected  to  by  Mr.  linld win;,  ns  incompc- 

.  1  understood  from  the  conversation  that  lie  thought 
ould  make  an  arrangement  which  would  transmit 
icli  electrically. 

xQ.  Please  explain  your  present  relation  with 
11ns  A.  Edison  ? 

I  am  in  charge  of  some  of  his  patent  matters,  lint 
patent  agent  am  opposed  to  him  in  telephonic  mnt- 
Onr  firm  is  retained  in  all  matters  excepting  those 
ing  to  telephones  and  the  quadriiplex  controversy. 

Office  of  L.  W.  Sekuku.,  | 

1-10  Nassau  St.,  New  York,  N  Y.  V 
Friday,  Deeombor  lOtli,  1880. ) 

fosiA.ii  C.  Rbifp,  being  duly  sworn,  deposes  and  mya 
uiswer  to  interrogatories  proposed  by  L.  W.  Serrcll, 
■j.,  as  follows : 

I  Q  Please  state  name,  age,  residence  and  occupation  ? 
A.  My  name,  .losiali  0.  Kciif.  1  am  12  years  old, 

1  reside  in  Now  York  City,  and  President  American 
itomatic  Telegraph  Co.  • 

2  Q.  Do  you  know  Thomas  A.  Edison  ? 

A.  I  do;  l  have  known  him  since  latter  part’ of  1S70, 

51  Q.  Did  you  over  visit  his  place  in  jSownrl 
A.  Yes,  frequently,  between  1870,  and  tho 
1 87-7)187(1, *np  to  tho  time  of  his  removal  to  II 
4  Q.  Did  you 'know  anything  about  any  ii 
made  by  Mr.  Edison  for  telegraphing  in  count 
sound,  sometimes  called  musical  or  accoi 
graphs  ? 

A.  I  did. 

7)  Q.  When  first;  where  and  what  did  you 
A.  In  regard  to  his  experiments  in  what  i 
coiistic  telegraphy.  I  know  that  lie  was  exp 
continuously  after  the  latter  part  of  tho  siinm 
at  the  Ward  street  shop  in  Newark,  Now  ,lt 
the  time  of  Ids  removal  to  Menlo  Park.  Mr. 
experimenting  to  determine  the  practicability  i 
telegraphy,  as  it  bad  been  devcloopcd  by  3 
Chicago.  He  used  a  complicated  mcchanisi 
oft  lining-forks,  telegraph  keys  and  sounder; 
lion  with  what  bo  called  his  resonators,  whit 
of  a  hollow  tube  covered  with  a  diaphragm 
near  which  was  fixed  a  magnet.  I  cannot  ( 
relation  of  tlic  several  parts  of  mechanism  c 
each  other,  not  being  an  electrical  or  meclini 
I  was  present  on  numerous  occasions,  most 
frequently  remaining  in  Newark  all  night  i 
and  noted  his  attempt  to  receive  the  so 
Morse  characters.  That  is,  the  resonators  III 
in  these  experiments  that  the  receiving  sunn 
ordinary  Morse  telegraphy.  Frequently  at  1 
sent  dots  and  dashes  by  slowly  operating  one 
be  using  me  when  there  was  no  better 
hand.  I  remember  that  most  ol  the  char 
made  were  dots,  because  I  could  not  with 
liuiteuess  distinguish  the  dot  and  dash  chain 
(I  Q.  Please  state  about  the  relative  locat 
instruments  at  Mr.  Edison’s  place  i 

A.  Those  that  are  most  impressed  upon  in; 
the  tuning-fork  combination  that  was  place 

•otim  partitioned  oft  in  tlio 
uit  Mr.  Edison  could  ob- 
isiblc  in  listening  to  the 
ivoid  tlie  mingled  noises 
o  transmitting  apparatus 
rsons  present  and  their 
remember  the  exact  date 
]>,  hut  1  think  it  had  been 
1.  I  saw  the  resonators  in 
it  think  that  1  did  not  see 
Ir.  Edison,  except  in  the 
ined,  so  far  as  I  know,  on  v 

g-fork  combination.  I  do 
in  may  have  done  upon 
lit,  when  I  was  not  there, 
strumeiits  marked  Exhibit 
Edison  Exhibit  li,  Novem- 
or  not  yon  ever  saw  said 
nents  like  them  1 
litlier  the  identical  instru- 
mcB  made  after  the  general 
the  instruments  that  I  saw 
Exhibit  II  I  do  not  frilly 
that  be  laid  more  than  two 
is  sizes.  1  don’t  distinctly 
>c  magnet  lived  alongside 
do  remember  that  in  front 
had  a  movable  plate  or  bar. 
shibit  1’*.  1  do  not  call  to 

peration  on  Exhibit  11. 
tidbit  A  or  A'  in  use ;  if  so, 
me  with  them  { 

icnts  like  them,  frequently  ' 
the  little  room,  as  hereto- 

I' examine  or  listen  to  either 
while  being  made  use  of  at 

Mr.  Edison’s  place  in  Xowurk,  amt  it  so,  wnat  soumiE 
any,  were  heard ! 

A.  L  listened  to  those  instruments,  or  instruments  1 
them,  and  heard  the  Morse  characters,  iib  well  as 
humming  sounds,  produced  by  the  operation  of 
tuning-forks,  and  frequently  the  mixture  of  the  voices 
those  in  the  outer  shop,  when  they  could  not  be  disi 
gtiishcd  away  from  tlio  receiving  instruments. 

10  Q.  Do  you  or  not  remember  words  being  heard 
art  tits  ds  on  thoso  instruments  A  or  A1  or  sii 
lar  ones  ( 

A.  I  heard  the  sounds  of  the  human  voice  and  cn 
distinguish  the  voices  from  each  other ;  but  do  not 
member  that  I  attempted  to  distinguish  the  wo 
themselves.  I  remember  that  I  could  recognize  pari 
outsido  talking,  among  whom  were  Mr.  Ilatehelor,  j 
E.  II.  man  named  Adanis.  formerly  an 
sistaut  of  Mr.  Edison’s,  mid  any  one  elso  who  mi 
happen  to  have  been  there  at  the  time.  A  Mr.  S] 
was  frequently  there  when  1  was  there,  he  giving  spe 
attention  to  experimenting  with  light  and  sound. 

Adjourned  to  !H  o'clock  A.  M.,  Thome 
December  1 1,  18S0. 

G.  T.  P., 
Not  art •, 

140  Nassau  Stkkkt,  Xnw  Yokk,  1 
Satubday,  Dec  1 1,  LSSO.  ] 

Met  pursuant  to  adjournment. 

Coiitinuatiuii  of  exniuinatinn  of  Mr.  J.  C.  lioiff  bj 
V.  Sorrell,  Esq.,  counsel  for  Mr.  Edison. 

11  Q.  Are  wo  or  not  to  understand  from  your  last 
swer  that  upon  tlio  instruments  Exhibit  A  and  A',  or 
strunicut  corresponding  with  them,  you  were  able 
distinguish  one  voice  from  another,  you  being  in 


J08IA1I  0  .BKIFP.  . 

2(3  xQ.  Dill  you  make  any  investigations  or  expcri- 
moots  to  investigate  this  singular  fact  boyond  listening 
at  the  rccoirorl 

A.  No ;  for  the  reason  tlmt  I  nm  neither  n  scientist 
olcetneinn,  incclmnie  uoroxpcrimentor. 

27  xQ.  Wlmt  relation  existed  at  the  time  of  these 
experiments  between  Kdison  and  yourself,  which  caused 
you  to  be  at  his  shop  so  frequently  and  so  late  at  night  ? 

A.  I  had  been  in  business  relations  with  Mr.  Edison 
sinco  1870,  and  was  very  much  interested  in  his  experi¬ 
ments  of  every  kind. 

28  xQ.  Docs  that,  business  relation  still  continue  ? 

A.  A  business  relation  still  continues. 

2!)  xQ.  Docs  that  business  relation  involve  any  pecu¬ 
niary  interest  on  your  part  in  any  Of  Mr.  Edison’s  elec¬ 
trical  inventions  or  applications  t 

A.  It  does. 

Oron-exam inalion  by  Col.  6.  IV.  Dyer! 

30  xQ.  When  did  you  first  know  about  telephones  ! 

A.  Strictly  speaking  in  relation  to  the  transmission  of 

articulate  speech  by  a  telegraph  wire,  I  think  it  was  at 
the  Centennial  Exhibition,  when  Bell  exhibited  what  lie 
called  «  curiosity  which  lie  said  he  did  not  comprehend, 

I  heard  Mr.  Boll  say  tlmt. 

31  xQ.  Was  that  the  first  time  that  you  ever  heard 
about  telephones  1 

A.  That  was  not  tho  first  time  that  I  heard  of  the  use 
of  the  word  tclcplu  lie.  My  previous  answer  covers  the 
ease  as  related  to  the  transmission  of  articulate  speech, 
as  far  as  I  now  remember.  I  think  T  wrote  a  letter  to  a 
friend  some  time  iii  187f>,  in  which  I  referred  to  a  Cali¬ 
fornia  party  in  connection  with  n  new  telegraph  scheme, 
and  stated  tlmt  it  was  reported  lie  had  had  under  his 
control  a  telephone. 

32  xQ.  When  you  visited  Mr.  Edison  so  frequently  at 
Noxvark  in  the  late  summer  and  fall'  of  1S7">,  aud'wintor 
of  187(5-7(1,  did  youfjsupposo  tliatj  you '  had]  aj  pecuniary 

Objected  to  by  counsel  for  lid  is 
lcvimt  mid  not  properly  of 

not  consider  that  to  bo  n  proper  < 
nent  it  cannot  nil'cct  the  subject 
i is  interference,  unless  it  shall  be 
ic  force  of  my  testimony  upon  l 
final  interest  might  influence  mj 
As  T  have  previously  stated,  n 
iv  sense,  I  never  went  into  the  eo 
m’s  experiments,  beyond  noticing 
s  by  which  those  results  were  ac< 
general  manner  possible, 
o  prevent  any  1  I 

ic  preceding  question,  I  state  tlin 
.  from  you  whether  the  attention  ; 
euts  about  which  you  have  teslili 
liich  proceeded  simply  from  curioi 
proposed  pecuniary  interest  1 

Counsel  for  Edison  objects  to  I 
upon  the  grounds  that  the  1’ 
has  declared  an  interferem 
mine  the  priority  of  right,  ai 
question  of  ownership  docs  r.c 
the  contest ;  that  even  suppi 
ness  might  have  considered 
be  pecuniarily  interested,  wli 
matter  of  business  lie  was 
Edison,  still  he  is  ontitled 
evidence  in  this  case. 

lerstand  the  obligation  of  an  oat 
wor  {ho  questions  submitted  to  mi 

of  which  I  am  cognisant,  in  view  of  tho  obligation  ot 
that  oath,  but  [  do  not  bolievo  I  am  called  upon  to  dis¬ 
close  my  business  relations  with  Mr.  Edison  that  are  not 
involved  in  this  interference. 

3-f.\Q.  I  did  not  ask  as  to  the  question  of  property, 
bnt  as  to  the  quality  of  examination  which  you  gave  to 
the  experiments  about  which  you  have  testified,  whether 
it  was  an  examination  winch  proceeded  Irani  idle  curi¬ 
osity  or  otherwise  ? 

A  I  have  stated  that  I  noted  certain  results  obtained 
on  the  receiving  instruments;  I  have  stated  thnt  1  did 
not  know  how  those  results  were  produced;  except  that 
I  believe  the  sounds  of  the  dots  and  dashes  received  pro¬ 
ceeded  from  tho  motions  communicated  to  thu  transmit¬ 
ting  keys  by  the  persons  operating  them. 

lifixQ.  Tb  that  all  the  answer  you  propose  to  make  to 
that  question  t 

A.  I  might  say  that  so  far  ns  a  11011-export  can,  I  en¬ 
deavored  to  notice  the  cause  and  effect  with  thu  same 
intelligence  that  I  would  bring  to  viewing  any  object  of 
interest.  1  do  not  understand  that  an  intelligent  person 
is  to  be  charged  with  idle  curiosty,  unless  lie  first  posi¬ 
tively  states  that  he  has  a  personal  pecuniary  interest  in 
the  object  seen  or  subject  discussed. 

iUi.xQ.  Counsel  for'Edison  having  stated  that  you  were 

Mr.  Edison,  and  put  f 
without  objection  from 
whether  or  not  thu  i 
incuts  ulimit  which  yon 

oil  in  some  matters  of  business  with 
it  this  statement  upon  tho  record 
Util  you,  will  you  now  kindly  state 
e  inventions  covered  by  tho  oxperi- 
yon  have  testified,  included  mutters 
pecuniarily  interested  with  Air. 

Counsel  for  Mr.  Edison  objects  to  this 
question  on  the  grounds  thnt  it  substan¬ 
tially  raises  an  issue  in  this  case  corrcspon 
ding  to  what  has  been  familiarly  known 
as  tho  “  title  tight  ”  m  the  quadruplcx 

ill  behalf  of  himself  nnd  the  witness 
(Mr.  Reill)  nml  the  Western  Union 
Tel.  Go.,  Goo.  11.  Prescott  nml  others. 

n  of  transfer 

ins  0,lt  of  t11'1*  <luusl 
still  in  progress,  nml  that  the  witness 
cannot  properly  he  reipiireil  to  nnswer 
any  question  that  might  interfere  with, 
any  claim  he  might  he  entitled  to  set 
up  in  the  premises,  he  not  having  lieen 
called  in  this  interference  upon  any  such 
point,  and  that  he  is  privileged  to  de¬ 
cline  to  answer  any  such  question  if  he 

idcrstaiid  that  I  am  to  he  houml  hy  any 
nisei  for  Hr.  Edison  in  this  interference 
stlicr  it  relates  to  his  opinion,  to  his 
the  language  in  which  he  couches  the 
lie  chooses  to  put  upon  the  record,  and  I 
ur  that  1  have  already  answered  the 
t  question  fully  nnd  truthfully  in  my 
jstious  32,  33,  31  and  35. 
all  the  answer  you  are  willing  to  make 
question  i 

■  examination  declined  hy  Col.  Dyer,  on 
11011-answering  these  questions,  and  no- 
nt  at  the  time  of  hearing,  motion  will  ho 

Id  in  reference  to  that  portion  of  my  tes¬ 
ted  with  32  x  question  and  37  x  question 
as  [  understand  tho  matter,  the  onlyqucs- 

trihuiml  as  makes  it  portinunt  thereto,  I  am  perfectl 
willing  to  ho  questioned  us  to  my  business  relations  wit 
Hr.  Edison. 

T  am  unwilling  to  ho  plucoil  on  tho  record  as  seeiiiin 
to  decline  to  answer  freely  any  proper  question  within 
protesting  against  tho  injustice  of  the  intimation. 

^  Cross-examination  waived  hy  counsel  for  Hell  i 
.TOSIAII  C.  liElEF. 

Office  of  L.  TV.  Skukku.,  I 
140  Nassau  st.,  New  York.  N.  Y„  t 
Saturday,  Dec.  lltli,  1880.  ) 

EnwAito  IT.  Jonxsox  being  duly  sworn,  deposes  an 
says,  in  nnswer  to  interrogatories  proposed  hy  L.  1\ 
Serrcll,  Esq.,  counsel  for  Mr.  Edison,  as  follows  : 

1  Q.  Please  stato  your  name,  age,  residence  and  oeci 

A.  Edward  II.  Johnson,  ago  34  years,  resilience  Ne 
York,  N.  Y.,  occupation  electrical  engineer. 

2  Q.  Please  examine  Exhibits  A  and  A1,  and  stat 
whether  you  ever  saw  the  same,  and  if  so,  when  an 
where,  mid  what,  if  anything,  was  done  with  them  ? 

A.  1  saw  the  instruments,  Exhibits  A  and  A',  at  tli 
timo  they  were  made  in  the  laboratory  of  Hr.  Edisoi 
at  Newark,  N.  J.,  in  tho  fall  of  lS7i>.  They  were  use 
by  -Mr.  Edison  to  analyze  the  sounds  which  were  trail 
rnitted  over  a  wiro  hy  means  of  reeds,  telegraph  ke,> 
nnd  other  devices.  I  was  at  that  time  visiting  the  lain 
ratory  almost  nightly,  nnd  frequently  assisted  Mr.  Ed 
son  in  his  cxnoriments  with  these  instruments  m  in 

Company,  and  on  one  occasion  between  tbnt  office  ami 
tho  residence  of  Sir.  Orton,  in  Now  York.  This 
wna  soino  considerable  time  prior  to  tho  sign¬ 
ing  of  the  contract  between  Sir.  Edison  and 
tho  Western  Union  Company  for  his  telephonic 
inventions.  I  think  as  much  as  seven  or  eight 
months;  I  refer  to  the  contract  dated  May  21st, 
1878.  In  1877  I  was  lecturing  upon  the  subject  of  Mr. 
Edison’s  telephone  work,  and  used  m  those  lectures  a 
device  which  transmitted  only  tho  tones,  and  not  articu¬ 
lated  words.  I  remember,  in  this  connection,  constantly 
bcBccching  Sir.  Edison  to  allow  me  to  use  his  carbon 
transmitter,  saying  that  my  public  exhibit  would  be  so 
much  more  effective  if  I  could  reproduce  to  the  audience 
articulated  words  such  as  I  heard  from  time  to 
time  in  his  lubnitory.  His  objection  to  doing  so  was, 
that  tlie  reproduction  would  not  be  sufficiently  loud  to 
enable  an  audience  as  one  body  to  hear  it.  There  was  a 
lecture  delivered  at  tho  Contcumnl  buildings,  in  West 
Philadelphia,  by  Prof.  Geo.  F.  Barker,  some  time  in 
July,  I877.f  1  being  present,  and  operated  tho  instrument. 
We  laid  at  that  tune  a  Reiss  transmitter  and  Edison 
electromotograpli  receiver.  J  gave  lectures  myself  from 
this  time  onward  to  October  18th,  with  few  days  inter¬ 
mission.  The  notice  of  one  of  these  lectures  lias  been 
introduced  as  an  exhibit  in  this  case,  being  the  notice  of 
the  exhibit  at  Twcednlc  Hall,  at  Albany,  on  Sept.  nth. 
The  extinct  from  the  Chester,  Penn.,  JVews  of  Sept. 
28tli,  1877,  gives  the  substance  of  the  lectures  delivered 
by  me.  I  gavo  a  lecture  on  Oct.  18th,  1S77,  at  the 
Tabernacle,  Jersey  City,  tho  programme  of  which  and 
notices  have  already  been  put  in  evidence,  and  at  this 
lecture  the  Edison  carbon  transmitters  were  used,  mid 
articulate  speech  transmitted  mid  reproduced  in  tho  hall, 
Mr.  Edison  himself  speaking  and  Binging  through  the 
transmitting  instruments,  which  wore  located  in  the 
office  of  tho  Western  Union  Tel.  Co.,  in  tho  Ponnsvlvn. 

R.  R.  depot,  nnd  at  tins  time  incsecnruun  luiupnum 
3  publicly  used  for  purposo  of  profit. 

lamination  adjourned  to  Tuesday,  .Tnu.  4th.  1S8 
0  o’clock  A.  M. 


Office  of  L.  W.  Seekell, 

*  140  Nassau  street, 

New  York,  N.  Y., 
January  4,  1  SSI. 

Met  pursuant  to  adjournniont. 

Present— L.  TV.  Sen-ell.  Esq.,  on  behalf  of  Mr.  E 
i.  Col.  George  \V.  Dyer,  and  Mr.  Betts,  of  Mos 
ttts,  Attcrbury  &  Betts,  on  belmif  of  Messrs.  Irtv 
,elker  &  Riclimond,  ami  TV.  D.  Baldwin,  Esq.,  on 
If  of  Mr.  Gray. 

Continuation  of  examination  of  Mr.  E.  II.  John 
L.  W.  Sorrell,  Esq.,  Counsel  for  Mr.  Edison. 

10  Q.  Please  state  what  transmitting  inst  runic 
ere  used  at  tlie  TV.  11.  Tel.  ofiiee  in  tbc  11.  11.  Dc 
Jersey  City,  and  bow  you  obtained  your  knowle 
iis  way  1 

A.  Tliey  were  the  Edison  Carbon  Transmitters 
ieir  tlion  existing  form,  but  precisely  what  that  f 
as  I  cannot  now  recall.  They  wore  enclosed  i 
ooden  case,  and  effected  a  variation  of  the  enrren 
urintion  ol  the  pressure  of  the  diaphgram  upon  a 
jn  composed  of  plumbago  and.  a  fibrous  material, 
onncctcd  those  instruments  at  the  telegraph  ollic. 

oluill.  Mr.  Edison  afterwards  oponm 
Mr.  Edison,  Mr.  Batchelor  and  myself  I 
incuts  from  Menlo  lhirk  for  this  purpof 
Q.  TVliat  kind  of  receiving  instrimieut 
nburnuclo  on  this  occasion  i  ■ 

TVo  used  two  kinds ;  one  for  ordinal 
and  one  for  so  increasing  the  volume  of 
the  words  audililu  to  the  entire  midi 
tvns  the  magnetic  receiver,  consisting 
and  duiphrugm.  The  other  was  the  i 
i,  consisting  ol  sounding  board,  small  i 
strip  of  chemically  prepared  paper.  1 
litter  described  instrument,  the  urticul 
mnde  snllieiently  loud  and  distinct  I 
gliout  the  hall ;  this  is  due  to  the  fact  tli 
itude  of  vibration  of  the  diupbgrngm  eni 
a  given  strength  of  current  by  an  instriii 
iperative  principle,  than  by  any  lorm  i 
,<jt«i  principle  can  lie  used.  To  make 
jxplaiu  that  in  the  magneto  the  current 
ics  the  diaphragm  by  reason  of  the  vari 
gtli  of  the  magnet  affected  by  the  electi 
ng  through  the  liolix  surrounding  t 
ilicse  electrical  currents  are  necessarily 
lows  the  variation  in  the  strength  of  I 
lie  consequent  amplitude  of  vibration 
gm  is  proportionately  small.  In  l lie 
It  receiver,  the  principle  is  supposed  to 
rencu  of  friction,  the  operation  lining  ns 
1  roller  with  crank  attachment  is  plac 
n  on  a  base  immediately  in  front  and  a 
i  the  central  face  »f  a  sounding  board  o 
:h  may  be  of  any  size  from  that  of  an  o 
io  receiver  to  that  of  a  piano  ;  attached 
ho  sounding  board  at  one  end,  and  wit 
ng  upon  a  small  roller  is  a  rigid  piece  of 
ado  to  bear  with  a  considerable  pressu 
ir  by  means  of  a  spring  suitably  placed 
.•homically  prepared  paper  is  made  to 

f  tho  roller  nnd  the  end  of  this  metal  attach 
Ihc  Bounding  hoard.  Electrical  connection!!  m 
s  to  cause  the  current  to  traverse  the  roller,  tli 
paper,  nnd  the  metal  bar.  If  now  the  crank 
aitward  from  the  sounding  hoard  while  no  eu 
ssing,  the  very  considerable  friction  hetwcc 

•  (earned  forward  by  the  roller)  nnd  the  end  < 
bar,  drags  the  sounding  hoard  outward  tuwm 

•  precisely  sis  if  it.  were  attracted  hv  a  very  pot 
gnet,  its  release  from  this  position  (the  forwai 
it  of  the  drum  being  continuous)  is  effected  1 
gc  of  an  electrical  current,  which  current  nfTect 
ation,  or  otherwise,  a  decrease  of  the  frictii 
the  paper  and  the  bar.  The  degree  of  this  h 
is  directly  proportionate  to  the  strength  of  tl 
it  will  thus  ho  seen  that  if  a  current  of  rnryin 
passes  through  the  device  a  variable  frictii 
ail  on  the  surface  of  the  paper,  and  a  cons 
riation  in  the  degree  of  amplitude  of  the  soim 
I  vibration.  Mr.  Edison  hassnhseipientlv  met: 
his  principle  in  what  he  terms  his  “loud  spell 
splione,”  such  as  the  Exhibit  introduced  in  tli 
rked  “  Edison’s  Exhibit  Motophone.”  (Elt 
•aph.)  Many  thousand  of  them  are  now  in  iis 
tiling  hoard  used  at  this  entertainment  wasaboi 
inches  in  length,  IS  inches  in  width,  nnd  I 
k,  with  the  roller  and  chemically  prepared  pap 

Please  look  at  the  programme  and  hand-hill  i 
I'tainment  at  the  Tabernacle,  Jersey  City,  Oeti 
877,  referred  to  in  the  testimony  of  Chnrl 
r,  and  marked  E,  and  state  whether  or  not  tli 
i  of  the  originals 
as,  sir ;  they  are. 

Please  state  in  which  part  of  the  program! 
ton  telephone  was  HBod,  and  whether  or  ti 
ere  received  nnd  reproduced  upon  tho  eleetr 
ph,  of  which  you  have  spoken  1 

A.  No.  7  of  part  2  incite  programme,  entitled  “voc 
music,  from  tho  local  telegraph  office,  by  tho  speakit: 
telephone  ”  This  is  distinguished  from  tho  other  par 
of  tlio  telephone  concert  by  tho  fact  that  in  this  part  tl 
words  were  articulated  both  in  song  nnd  in  reeitntio 
while  in  tho  other  parts  only  tho  tone  was  rendered,  tl 
transmitting  station  from  which  si  I  tone  n  ti 
being,  in  this  case,  from  Philadelphia.. 

14  Q.  To  what  extent  was  the  articulation  distinct 
cither  song  or  recitation  at  this  exhibition  i 

A.  It  varied  considerably,  owing  in  part  to  imperfe 
adjustment  of  the  instruments,  and,  in  part,  to  our  igi: 
ranee  of  the  requirements  of  the  chemically  prepnft 
paper  used  in  tho  receiver,  that  is,  to  tlio  degree  of  moi 
lire  requisite  in  tho  paper  to  obtain  the  maximum  resul 
at  times  the  words  were  sufliciently  loud  and  clear  to 
easily  heard  and  recognized  by  every  member  of  t 
audience,  at  other  times  they  were  only  audible  to  the 
in  the  immediate  vicinity  of  the  instruments.  This  fo 
going  statement  refers  to  the  elcctro-motograph  receiv 
When  the  magneto  receiver  was  used  the  words  wt 
always  intelligible,  but  only  audible  to  the  individual  ( 
of  the  person  holding  the  instrument,  and,  therefore, 
no  service  in  entertaining  an  audience,  sitting  as  a  hoi 
I  do  not  now  recollect  whether  or  not  any  member 
the  audience  came  to  the  platform  to  listen  to  the  lilt 
neto  receiver,  hut  am  of  the  opinion  they  did,  since 
was  my  invariable  custom  to  invito  them  to  do  so  at  t 
close  of  the  entertainment,  which  invitation  was  gen 
ally  accepted  by  about  nine-tenths  of  the  audience. 

Ifi  Q.  Please  look  at  the  exhibits  instruments  int 
dueed  in  this  case,  and  state  whether  or  not  any  of  tli 
correspond  generally  to  the  carbon  transmitter  made 
of  on  October  18, 1S77  2 

A.  They  were  instruments  of  tho  general  form  of 
exhibit  marked  “Edison’s  Articulating  Transmit! 
October,  1877,”  in  which  was  combined  a  wooden  ct 
diaphragm,  carbon  button  nnd  adjusting  screw,  precis 

Icct.  The  magneto  receiver  was  enclosed  in  a  Bimnai 
kkIoii  case. 

10  Q.  Did  you  know  anything  concerning  tho  pro 
.(lings  between  Mr.  Edison  and  Mr.  Orton  in  relation 
telephones,  if  so,  what  did  you  have  to  do  with  tho 

A.  .1  was  familiar  with  Mr.  Edison’s  efforts  to  enlist 
e  interest  of  the  electrical  department  of  the  Western 
aion  Telegraph  Company  in  his  telephone  sufficiently 
give  it  a  trial,  and  remember  Hint  he  failed  to  do  so, 
ring  to  the  personal  antagonisms  at  that  time  existing 
tween  him  and  the  various  members  of  that  dopnrt- 
ent,  until  after  many  weeks,  when  by  direct  order  of 
o  President,  Mr.  Orton,  a  triul  was  obtained ;  from 
is  time  onward,  until  the  final  sale  to  tho  Western 
nion  Company,  Mr.  Edison,  Mr.  Batchelor  and  my- 
If  wore  constantly  passing  to  and  fro  between  tho 
Ijorntory  at  Menlo' Park  and  Mr.  Orton’s  office,  for  tho 
irposo  of  showing  him  the  step  by  step  improvement., 
they  were  made,  i  remember  having  more  than  one 
mversation  with  Mr.  Orton,  in  which  I  strongly  pro- 
sted  against  the  evident  determination  of  his  cleo- 
ieians.  Tint  to  giv  Mr.  Ed  >t  Hit  f  r  tr  1, 

ich  trial  was  only  finally  had  by  Mr.  Orton  saying  “  it 

17  Q.  What,  if  any  instruments,  dul  you  take  to  Mr. 
rton  yourself,  and  state  generally  what  passed  with 

A.  Ido  not  now  recollect  tho  particular  deiices  or 
irm  of  instruments,  tlioy  wero  so  constantly  changing 
.  that  time.  Ary  conversations  with  Air.  Orton  wore 
ininly  in  the  direction  of  convincing  him  that  the  Mng- 
3to  Telephone,  as  a  transmitter,  would  never  be  a  sue 
>33,  and  that  the  carbon  transmitter  of  Air.  Edisot 
wild  eventually  prove  to  bo  tho  key  of  tho  wholo  tele 
bone  business,  and  also  to  urging  him  ta  tako  the  mat 
ir  personally  in  hand,  ns  wo  had  no  confidence  inbemj 
corded  oruner  trial  facilities  by  his  electricians.  Air. 

son  the  opportunity  he  asked,  and  ultimately  did 
iso  interviews  with  Air.  Orton  were,  of  eoufso,  bo 
contract  between  Air.  Edison  and  tho  Wcsi 
ion  was  made,  as  they  led  directly  to  it.  I  rcfei 
telephone  contract  of  Atay  81,  1878. 

8  Q.  State  upon  what  your  opinion  wns  based,  i 
expressed  to  Air,  Orton,  of  a  preference  of  tho 

I  telephone  over  the  magneto » 

L.  Upon  my'  conviction  that  the  strength  of  the 
t  which  could  be  generated  by  such  dovico  of  a  u 
and  a  diaphragm  was  limited  to  tho  mechanical  po 
lie  human  voice,  from  which  I  concluded  that 
it  of  the  capacity  oftlie  magneto  for  current  gene 
Was  reached,  and  that  the  telephone  transmitto 
future  would  he  one  in  which  the  current  was  gc 
:d  ns  in  the  ordinary  telegraphs  in  a  battery, 
ply  controlled  by  tile  transmitting  device ;  that  i 
,  by  the  voice  acting  on  such  transmitting  device. 

9  Q.  I  produce  a  small  book,  called  “  The  Tclcpli 
ail-Book,”  anil  ask  you  if  you  know  anything  ill 

OQ.  Was  any  publication  made  that  referred  to 
cert  at  tho  Tabernacle,  October  18th,  1 877  '{ 

1.  Yes,  sir ;  in  the  Jersey  City  Journal  of  Oetc 
1877,  a  statement  is  mndo  which  is  copied  in  tho 
jrt  of  “  The  Telephone  Hand-Book.” 

Tho  said  book  is  offered  in  evidence 
cotuiselfor  Edison,  and  marked  “Jo 
son’s  Telephone  Hand-Book.-’ 


K.rll.  JOHNSON. 
Examination  continued. 

-Examination  by  Col.  G.  \V.  T'vmt : 

21  xQ.  Was  the  Reiss  transmitter  spoken  of  by  y 

ription  ai 
speaking  It 

n  your  nintb  answer  made  in  aecordnnee  with  tl 

il  drawings  published  in  Prescott’s  book  on 
opinions,  ,md  if  so,  wliicb  one  of  the  trims- 
..^rilicd  and  illustrated  in  this  book  1 

A.  It  was  practically  tbe  same  as  page  13,  Prescott’s 
1,00k.  The  contact  points  wore  arranged  centrally,  in 
front  of  the  diaphragm ;  one  attached  to  an  adjustable 
screw  and  the  other  to  tbe  diaphragm  itself.  They  usu¬ 
ally  had  an  elastic  substance  intervening  between  the 
rigid  adjustable  screw  and  the  contact  point  which  it 
carried,'  so  us  to  form  a  species  of  ImlTer.  the  object  of 
which  was  to  insure  freedom  of  diaphragm  vibration. 

22  xQ.  Referring  to  your  10th  answer,  was  the  trans¬ 
mitter  with  the  button  composed  of  plumbago  mid 
til, ions  material,  which  you  used  in  your  exhibition  at 
Jersey  City.  used  by  you  ill  any  other  exhibition  ! 

A.  I  do  not  recall  any  other  in  which  it  was  used. 

23  xQ.  Was  that  form  of  button  of  plumbago  and 
fibrous  material  discarded  by  Mr.  Edison  ? 

A.  That  particular  form  of  button  in  which  eurl...ii 
was  mixed  with  a  fibrous  material  was  eventually  dis¬ 
carded  for  one  composed  wholly  of  carbon,  hut  which 
possessed  the  same  elastic  property  sought  to  he  obtained 
in  the  liber  and  plumbago  combination,  viz. :  a  button 
molded  from  lamp  black. 

Cross-questions  by  W.  D.  lUu.V.x,  Esq.,  counsel  for 
Mr.  Gray: 

2-1  xQ.  What  are  your  present  relations  with  Thomas 
A.  Edison  ? 

A-  t  am  associated  with  Mr.  Edison  in  the  laboratory 
for  the  purpose  of  assisting  him  in  the  development  ami 
introduction  of  his  electric  light.  I  nin  not  in  lus  em¬ 
ploy,  nor  am  Pin  the  receipt  of  a  salary,  f  have  no  po- 

E.  it.  JOHNSON. 

cuninry  interest  in  tiny  of  Sir.  Edison’s  inventions  so  far 
as  the  United  States  is  concerned,  with  the  exception  of 
his  electric  light.  I  have  an  interest  in  his  telephone  ill 
England,  obtained  by  contract  jointly  with  Mr.  Edison 
and  the  English  capitalists  ns  consideration  for  one  year’s 
service  in  England. 

2i>  xQ.  As  a  rulo,  are  not  Mr.  Edison’s  nssccintes  and 
employees  at  Menlo  Park' interested  in  n  manner  similar 
to  yourself  in  his  inventions  1 

A.  Rot  ns  a  rule.  The  exceptions  nre,  those  who 
have  been  associated  with  him  for  many  years,  and  who 
do  not  receive  from  him  n  regular  salary,  but  receive 
instead  stock,  or  other  evidence  of  interest  in  his  inven¬ 
tions.  There  arc  Mr.  Charles  Batchelor,  Mr.  Francis  R. 
Upton,  Major  Frank  McT-oughlin  nnd  myself.  As  a 
matter  of  fact  I  mu  personally  not  interested  with  Mr. 
Edison  pecuniarily  in  any  of  his  inventions  with  the  one 
exception  ot  the  electric  light. 

Cross-examination  ,by  J.  J.  Stobrow.  Esq.,  Counsel 
for  Bell. 

It  is  admitted  by  Counsel  for  Edison  that  the  witness 
Johnson  wrote,  and  ill  1ST!)  printed  “STATEMENT  ns 
to  the  ORIGIN  AND  DEVELOPMENT  of  the  TEL¬ 
EPHONE,”  from  which  pamphlet-the  following  extracts 
nre  made,  mid  nre  put  in  evidence  by  Counsel  for 

“As  is  above  indicated  wo  find  A.  Graham  Boll,  of 
“  Boston,  Mass.,  U.  S.  A.,  not  only  working  upon  the 
“  problem  simultaneously  with  Gray,  but  anticipating 
“  him  in  the  licliof  that  its  solution  was  practicable,  nnd 
“  as  a  nutural  consequence  of  the  more  persistent  investi- 
“  gntion,  evolving  in  advance  of  Gray  and  other  couipe- 
“  titors,  tlie  practical  device,  thus  becoming  the  true  in- 
“  ventor  of  the  apparatus  for  the  transmission  of  speech. 
“  While  Bell,  however,  was  thus  at  work,  another  iuven- 
“  tor,  Thomas  A.  Edison,  of  Menlo  Park,  N.  J.,  U.  S. 
“  A.,  whose  attention  had  boon  called  to  the  subject  of 

I.  JOIIK80N. 

icoustic  tole-mpliy  by  the  lion.  Wilimni  umm,  men 
President  of  tlio  Weston.  Union  Telegraph  tompnnj: 
.’a  contributed  hugely  t«  the  sconce  ot  dec 

SLf Sic s,  mill  tuking  «P  the  -M  •  £  X 

missii  of  t  1  to  H  ctl  ninicln  telj  nftu  UU 
nimonncc.nent  of  1.1b  achievement,  in  ' 

yet  n.n.lo  his  .loviee  of  pn.ct.enl  vnlm  soon  .list 
even  Bell  himself  in  ^  " 

nml  in  tile  practical  npphent.on  ol  the  .mention 

TTiiiteil  Stntes  ns  a  telephone  receiver. 

“lie  has,  consequently,  used  it  for  such  purpose, 
connection  with  his  carbon  transmitter. 

,.ri,gs-cX!M«‘umtion  waived  by  Counsel  for  be 

Counsel  for  T.  A.  Edison  puts  in  evident 
the  '.following  extract  from  the  ^uii 

»  It  is  noteworthy  that  Bell  by  this  application  ■ 
“  the  magneto  principle  obtained;...  once. 

..  1.  The  combination  of  n  transmitting  :nnd  r 

“  ceiving  instrument  in  one. 

»  o.  The  most  h  mt  ge  .  ,rr .  f,  n  cut  of  tl 
»  several  working  parts  possible. 

O  3.  The  simplest  form  of  uppuratna  conceivnb 
»  4.  The  theoretically  perfect  Telephone, 
ml......  SuitniwB  i.mistiliitc  at  once  the  glory  of  the 

theoretically  perfect  .device  is  the  practical  one,  or  thiitn  . 

specific  apparatus  is  cquully  eflcctivo  for  two  ditimot-  / 

rically  opposite  purposes.  _ _  ) 

“  It  lias  not  l.aj.pcned  in  this  cubo.  In  practice  it  lias"^  I 
been  found  that  the  currents  generated  are  too  feoblo  ' 

to  effect  either  a  sufficient  physical  effect  upon  .the  re-  i 

cuiver  to  render  the  sounds  clearly  audible,  or  to  trav-  I 

erne  any  eansidcrablc  length  of  lino.  ^ 

*•  Thousand  of  pounds  have  been  expended  and  an  ex 
traordinary  amount  of  experimental  investigation  lias  I 
been  made  in  the  futile  effort  to  increase  the  strength 
of  these  currents,  the  filet  being,  ns  ubovo  indicated,  \ 

that  tl.e  apparatus  ns  originally  arranged  by  Bell  pos-  ) 

sessed  all  the  virtue  there  was  in  the  principle.  Tlio  ggyl 
disturbances  of  the  magnetic  force  in  the  transmit- 
ting  instrument  being  eflceted  by  the  power  of  the  i 

limit  of  the  vocal  jowers;  lienee  the  impossibility  of  ( 

any  material  augmentation  of  the  strength  of  the  cur-  j 

rents  upon  this  principle.”  . 

“  This  fact  Iiiis  compelled  the  almost  total  abandon-  \ 
ment  of  the  Magneto  Telephone  as  a  transmitting  do-  . 
vice,  and  the  substitution  therefor  of  \ 


“  Edison  early  sawtlmt  the  magneto  transmitter  would 
succumb  to  tlie  superior  effectiveness  of  one  which 
should  simply  control  an  electric  current  instead  of  ^ 
entiling  it ;  ho  therefore  gave  his  whole  attention  to 
the  discovery  of  some  principle  by  which  lie  could 
convert  the  constant  current  of  a  voltaic  battery  into 
one  of  variable  tension  in  harmony  witli  the  sound 

Tuesday,  Jan.  11,  1S81. 


Mr.  EnwAiti)  H.  Johnson  being  recalled,  states  that 
o  recognizes  the  instrument,  “  Prescott’s  Exhibit  Kili¬ 
m’s  /Transmitter,  brii83  tube,  with  mouth-piece  ami  iron 
ase,”  and  believes  it  to  bo  the  instrument  used  by  him 
1  his  lectures  for  transmitting  instrumental  and  vocal 
msic ;  that  he  believes  that  it  is  the  instrument  used  by 
im  at  Philadelphia,  on  occasion  of  the  Barker  lecture 
nd  concert  at  the  Centennial  buildings;  also  sitbsc- 
uently  used  it  at  Philadelphia  to  transmit  vocal  music 
)  Washington,  1).  0.  That  he  will  produce  newspaper 
icomits  of  the  exhibitions  in  which  said  instrument 
as  made  use  of,  to  be  designated  ns  “  Johnson’s  Wash- 
igton  Exhibition  of  Telephone.” 


Office  ok  L.  W.  Skurkli., 

140  Nassau  street.  New  York,  N.  Y., 
Tuesday,  Jan.  4,  1881. 

Roiieiit  Spice  being  duly  sworn,  deposes  and  says,  in 
lswer  to  interrogatories  proposed  by  L.  W.  Sorrell, 
sip,  counsel  for  Mr.  Edison,  ns  follows : 
t  Q.  Please  state  your  name,  age,  residence  and  occu- 

A.  Robert  Spice,  33  years  of  ago,  33(1  I  falser  street, 
rooklyn,  Professor  of  Chemistry  and  Natural  Philoso- 
liy  at  the  Brooklyn  High  School. 

2  Q.  Are  you  acquainted  with  Thomas  A.  Edison,  ono 
:  the  parties  to  tlieso  interferences,  and  if  so,  when  did 
m  first  know  him  '! 

A.  Yes,  I  first  knew  him  Sept.  14,  1874. 

3  Q.  Wore  you  ever  in  his  employ,  and  if  60,  when 
id  for  what  d  utios  ? 

A.  Yes;  tho  first  time  from  Sept.  21st,  1874,  to  Oot. 
24,  1874,  to  give  instruction  in  chemical  analysis;  tho 
second  time  from  Nov.  29th,  1873,  to  Jan.  20,  18TC,  to 
furnish  information  in  acoustic  matters. 

4  Q.  Have  you  pursued  the  study  of  any  particular 
brunch  of  natural  philosophy  more  than  any  other,  and 
if  so,  what  particular  assistance  could  you  render  Mr. 
Edison  between  Nov  2Uth,  1875,  and  Jan.  2uth,  1870? 

A.  I  have  worked  for  many  years  in  the  department 
of  sound,  especially  with  reference  to  sympathetic  reso- 
uancc,  and  in  this  particular  branch  gave  aid  to  Mr.  Edi- 

5  Q.  Did  you  visit  Mr.  Edison’s  plnco  at  Newark, 
and  if  so,  about  how  often  during  Nov.  and  Dee.,  1875, 
and  Jan.,  1870. 

A.  It  wns almost  nightly;  my  engagements  called  mo 
tlicroat  night,  and  during  the  tune  of  my  engagement 
with  Mr.  Edison  I  probably  missed  three  or  four 

0  Q.  During  this  time  did  you  see  any  instruments  in 
which  acoustics  and  electricity  were  employed,  and  if  so, 
Btate  generally  what  they  were  ? 

A.  Yes ;  timing  forks  and  reeds  were  employed  in 
connection  with  electro  magnets. 

7  Q.  In  what  manlier  were  the  reeds  and  tho  electro¬ 
magnets  connected  or  operated  ? 

A.  The  clcctro-magucts  were  placed  mitsido  tho  prongs 
of  the  tuning  forks,  and  the  forks  were  in  the  same  cir¬ 
cuit  ;  tho  same  remark  applies  to  the  reeds,  the  reeds 
being  worked  sometimes  with  one  electro-magnet  and 
sometimes  with  two,  one  on  each  side. 

8  Q.  Did  you  have  anything  to  do  with  the  tuning  of 
any  of  the  reeds  or  forks  employed  by  Mr.  Edison  ? 

A.  Yes;  I  timed  the  forks  myself,  and  1  aided  in  the 
tniiing  of  the  reeds. 

0  Q.  Do  you  know  whether  there  wore  any  keys  or 
resistances  introduced  in  tho  electric  circuits  during  tho 
period  that  you  wore  acting  with  Mr.  Edison  ? 

10  Q.  What  kind  of  receiving  instruments,  il 
wore  used,  mill  where  were  they  placet!  ? 

A.  The  forks  wore  used,  reeds,  I  think  relay 
also  there  were  tidies  closed  lit  one  end  by  metal 
branes,  operated  hy  electro-magnets. 

1 1  Q.  Please  describe  tiie  tubes  and  their  open 
little  more  fully ! 

A.  The  tidies  were  about,  two  inches  in  diamctc 
perhaps,  seven  or  eight  inches  long ;  some  were 
tubes,  some  laid  an  inner  tube  to  slide,  in  order  to  c 
the  length ;  some  were  open  at  the  opposite  end  < 
magnet;  some  were  closed  with  a  cap  and  tube,  1 
Binall  rubber  hose  to  lead  to  the  ear.  The  oh 
changing  the  length  of  the  tube  was  to  adjust  I 
column  to  reinforce  the  particular  tone  of  the  n 
fork.  These  instruments  were  placed  for  the  11101 
of  the  time  in  a  kind  of  oflice  partitioned  off  fro 
main  shop.  It  was  oil  the  side  of  the  shop  towai 
railroad.  There  was  an  entrance  from  the  stree 
this  office  part. 

12  Q.  Did  you  ever  listen  to  either  of  these 
meats  that  were  provided  with  the  tube  that  yoi 
spoken  of? 

A.  Yes ;  1  heard  sounds  of  the  reeds  or  forks,  i 
ever  happened  to  he  in  circuit,  interrupted  by  th 
of  course. 

lit  Q.  What  produced  these  sounds? 

A.  The  vibration  of  the  metallic  membrane  set 
change  of  magnetism  in  the  electro-magnet. 

H  Q.  Do  you  know  whether  or  not  Mr.  Edisi 
ployed  a  closed  circuit  or  an  open  circuit  ? 

A.  Closed. 

lfi  Q.  What,  then,  produced  cliango  in  the  eh 
condition  of  the  electro-magnet? 

A.  There  are  somo  points  here  that  I  cannot  h 
clear  about,  not  beiinr  an  cloctricinn,  but  1  know  t 

open  circuit  was  found  not  to  work,  a  closed  one  was 
adopted,  and,  I  believe,  to  accomplish  this,  resistances , 
wore  put  on  the  line. 

1<>  Q.  Did  you  at  any  time  purchase  any  material  for 
constructing  any  of  these  instruments  containing  a  tube 
with  a  metallic  membrane  at  the  end  and  an  electro, 

A.  Yes. 

17  Q.  Where,  when,  and  from  whom  ? 

A.  This  date  I  can  only  givo  within  a  few  days.  1 
think  it  was  sometime  between  the  1st  and  2()tli  of 
December,  1S75.  I  ordered  some : 'drawn  tubing,  two 
sizes,  one  to  tit  in  tlio  other.  I  don’t  know  the  lunn’s 
name,  hut  can  tell  where  ho  is.  ITo  is  over  Pratt’s  002  . 
hardware  store,  corner  Pulton  and  Cliff  streets,  New 
York.  ' 

18  Q.  Did  you  obtain  tiieso  tubes,  and  were  they 
used  ? 

A.  I  obtained  them  and  some  of  them  were  used. 

10  Q.  Look  at  the  instruments  here  present  and  state 
whether  or  not  you  recognize  either  of  them  as  the  in¬ 
strument  or  instruments  to  which  you  have  referred  ? 

A.  I  recognize  the  tube,  Exhibit  A*.  I  recognize  tlio 
instruments  marked  Exhibits  A  and  A/,  as  being  the 
identical  instrument  or  instruments  like  them.  I  believe 
them  to  he  the  identical  instruments. 

20  Q.  Referring  to  the  instruments,  exhibits  A  and 
A',  have  you  any  distinct  recollection  of  these  instru¬ 
ments,  or  any  like  them,  being  used  at  Mr.  Edison’s  903 
place,  and  if  so,  what  kind  of  sounds  were  produced  by 

A.  Yes,  I  remember  them  being  used ;  the  sounds 
were  musical,  and  agreed  mainly  with  the  reeds  or  forks, 
but  not  always,  on  account  of  the  instrumental  appli¬ 
ances  not  being  brought  to  perfection. 

21  Q.  Do  you  know  whether  or  not  tlio  instruments, 
exhibits  A  and  A',  wore  adapted  to  and  did  re- 

through  the  helix  of  the  electro 

Objected  to  ns  lending,  nml 
matter  ns  to  which  the 
stilted  himself  to  he  incoti 

cy  did  ;  my  reason  is  this :  I 
instruments  would  respond  to 
•eed  and  fork  being  tuned  di 
ding  different  electric  |iulsntioi 

use  state  whether  or  not  you 
itlicr  of  the  instruments  A  or 
devices  were  hung  operated 
struincnt  A  or- A  «  is  limited 
ly  one  particular  sound '! 
led;  us  I  stilted  before  the  im 
spond  to  reed  or  fork,  and  eon 
:o  any  |)iirticulnr  tone. 

I  yon  ever  hear  in  cither  tin 
>’  other  sounds  than  the  illusion 
as  the  clicking  of  the  keys? 
Thu  clicking  of  the  keys  wei 

ring  about  what  portion  of 
tr.  Edison  did  you  have  anyth! 
nits  A  or  A1,  or  similar  ones? 

;  the  latter  half  of  December, 
n  speak  of  getting  tubing, 
intents  similar  to  A  or  A1  1 
iliing  was  obtained  by  yon,  o 
lbtained  was  for  the  first  instr 
A'  were  made,  I-  think,  bu 
icy  might  have  been  made  i 
ifore;  1  don’t  know  that.  1 
ells  answer  when  T  heard  them 

Q  How  are  you  able  to  define  tlio  d 

I  have  copied  them  from  iny  journal. 

i  habit  of  keeping  a  journal  for  fiftci 

I I  entered  most  of  my  business  coi 
ed  to  the  journal  twice,  first  on  l 
and  again  last  night,  and  I  extract) 
il  the  dates  given,  which  are  on  a  pup 
on  of  the  respective  counsel  if  they  t 

Tlio  original  entries  in  this  journal  i 
mt  the  dates  which  they  hear. 

(Witness  states  that  if  it  is  des 
sel  ho  will  produce  his  jo 
the  dates  may  bo  examined 

Counsel  for  Trwin  arid  others 
journal  to  bn  produced. 

-examination  by  Wm.  D.  Baldwin-, 
Mr.  Cray : 

sQ.  What  kind  of  information  in  aeo 
in  furnish  Mr.  Edison  in  the  fall  of  If 
Special  information  referred  to  sympi 
I  was  engaged  by  them  ns  an  cxpi 
>  answer  any  general  questions  put  by 
Q.  Please  state  a  little  moro  specifics 
by  synipliathetic  resonance,  and  tlio  k 
a  you  gave  Edison  hi  relation  to  it  ? 
By  sympathetic  resonnneo,  T  mean  tli 
o  bodies  capable  of  vibrating  where 
to  vibrato  and  the  vibration  can  di 
i  act  on  the  other,  it  will  also  vibrate. 
cccs8nry  being  that  both  bodies  slioi 
vibration  poriod. 

Q.  Do  you  know  the  purpose  for  w 
d  this  information  at  that  time? 

bo  to  increase  the  amplitude ;  tl 
ho  produced  hy  motions  anting 
;h  the  air  or  in  any  other  manner; 
t  point,  if  two  tuning-forks  on  rose 
some  distance  apart,  the  forks  heii 
f  one  is  sounded  the  other  will  taki 
ihruto  itself,  the  extent  of  the  vi 
fork  will  depend  on  the  state  of  tj 
perimeut  is  made;  if  perfectly  qi 
vibration  will  lie  obtained;  if  oth 
t,  the  amplitude  of  the  rcspomlin 
lie  decrease  would  depend  largely  o 
external  sounds,  and  partly  bn  tl 
this  statement  applies  to  reeds  ami  i 
spend  sympathetically. 

I- If  Q.  If  three  or  four  reeds  or  f 
ill  an  electric  circuit,  and  tlmtcireui 
ictro-mugnet  of  one  of  the  i list  run 
e  forks  wore  in  a  noisy  shop,  wluit  i 
he  effect  that  would  bo  produced  a 
nent  A  or  A1,  by  the  noise  in  the  all 
hat  the  reeds  were  vibrating  i 
l  think  that  would  lead  to  iiiterruji 
or  A1,  and  changes  of  intensity.  I 
the  effect  would  be,  but  I  think  it 
and.  It  seems  to  me  that  wluit 
reeds  or  forks  in  the  previous  am 
no  in  a  shop.  That  is  to  say,  that 
reeds  would  he  either  checked  01 
ind-wuvcs  acting  upon  them. 

(KlRxQ.  Suppose  a  vibrating  reed,  transni 
lining  fork  to  bo  driven  at  a  uniform  speed 
, ablutions  per  second,  by  electro  magnetism  in 
mown  way,  in  a  room  freo  from  mechanical  s 
ars,  would  any  sound  of  the  human  voice  pi 
bat  room  vary  the  sound-waves  emitted  hy  t 
n  a  manner  porccptiblo  to  the  human  ear  ' 

A.  I  think  the  loudness  might  bo  decreased  1 
ond  sound  made  very  near  the  reed. 

‘llltxQ.  As  a  matter  of  fact,  did  you  ever  ] 

a  change. 

hear  it  stated  by  any 
on  the  subject,  that  tl 
could  be  so  modified 

•1'JltxQ.  Did  you  over  hear  i 
sound,  or  in  any  treatise  on  tin 
if  such  a  transmitter  could 
please  give  your  authority  ? 

‘UtllxQ.  Suppose  a  reed  vibrated  in  n  ilia 
under  the  conditions  stated  m  question  10,  to 
tricallv  connected  with  a  receiver,  such  ns  A  c 
anted  at  such  a  distance  from  thu  transmitter 
free  from  danger  of  transmission  of  sounds 
the  air  or  mechanically,  and  vocal  sounds  such 
Into  speech  was  to  be  spoken  ill  proximity  to  I 
would  it  be  possible  to  distinguish  the  voi< 
speaker  1 

A.  I  should  not  think  it  would. 

By  1.  W.  Suiotia.t,,  Esq. : 
d-lR-D  Q.  Suppose  several  reeds  ii 



OKOliOE  n.  SCOTT. 


sounds,  such  ns  n  umn  shouting,  do  you  think  that  there 
would  ho  nn  appreciable  difference  in  the  sounds  re¬ 
ceived  upon  the  instrument  A  or  A’  from  the  sounds 
of  the  reeds  when  not  oxposed  to  such  external  sounds  1 

A.  Yes  ;  I  think  there  might  be  an  appreciable  dif¬ 

R,  cross  : 

By  A V.  D.  Baldwin,  Esq  : 

4~>  x  Q.  Did  you  over  see  an  apparatus  6ueh  as  that 
supposed  in  the  proceeding  question  tried,  under  the  con¬ 
ditions  named  therein  1 

A.  No. 

40  TtxQ.  Tn  what  respect  would  the  difference  in  the 
sounds  received,  ns  stated  in  your  re-direct  answer  44  be 
appreciable  ? 

A.  I  think  the  sound  would  bo  pnrtly  interrupted  and 
suffer  changes  of  loudness. 

47  TtxQ.  “Would  these  changes  of  loudness  be  in  the 
direction  cf  increnso  or  decrease  1 

A.  Most  likely  both,  but  in  all  probability  the  decrease 
would  bo  more  marked  than  the  increase. 


Geoiioe  B.  Soon-,  being  duly  Bworn,  deposes  and 
says  in  answer  to  interrogatories  proposed  by  L.  TV. 
Sorrell,  Esq.,  counsel  for  Mr.  Edison,  as  follows : 

1  Q.  Pleaso  stato  your  namo,  ago,  residence  and  occu¬ 
pation  1 

A.  Georgo  B.  Scott,  44  years  old,  No.  20  Pntchon  ave- 
nuu,  Brooklyn,  Superintendent  of  the  Gold  and  Stock 
Telegraph  Oo.,  of  New  York. 

2  Q.  Pleaso  state  whether  yon  are  acquainted  with 
Thomas  A.  Edison,  and  how  long  you  have  known  him  1 

A.  T  have  known  him  well  sitico  1871  ? 

3  Q,  What  was  your  business  in  1877 1 

A.  The  saute  as  at  present. 

4  Q.  Please  look  at  the  two  letters  I  now  bIiow  you  ; 
stato  if  you  know  who  wroto  them,  where  they  havo 
been  and  where  they  were  obtained  front  ? 

A.  They  are  in  Edison’s  handwriting,  undoubtedly. 
Secretary  Brower,  of  the  Western  Union  gave  them  to 
me  from  the  files  in  his  otlico  this  morning,  by  the  hand  926 
of  my  assistant,  Mr.  Pope,  who  delivered  them  to  Mr. 
Serrell  to-day. 

Letters  ottered  in  evidence  by  counsel  for 
Mr.  Edison,  to  he  marked  “  Edison  to 
Orton,  Aug.  31,1877,  and  Out.  In,  1877., 

5  Q.  What  knowledge  have  you  of  the  early  uso  of 
the  Edison  Carbon  Telephone, by  the  Gold  &  Stock  Co., 
or  any  instrument  passing  under  your  notice,  personally  1 

A.  Previous  to  May  31,  1878,  Mr.  Bcntly,  of 
Philadelphia,  and  the  Western  Union  Tel.  Co.  had  been 
experimenting  with  tho  Edison  Carbon  Tolophimo,  and  on 
or  before  thntdatol  tried  a  pair  betwcon  our  ollicc  and 
New  York  and  my  house  in  Brooklyn.  On  that  dutc  I  927 
telegraphed  T.  A.  Edison  ns  follows  : 

“May  31, 1878; 

“  To  T.  A.  Edison,  Menlo  Park : 

“  Your  instruments  are  a  success  on  tho  Brooklyn  wire. 

“  Can  you  furnish  mo  with  two  induction  coils  and  two 
“  more  transmitters  alone  to  fit  up  a  sot  for  merchants’ 

“  circuit) 


“  Want  to  allow  yon  new  design  for  eoinkinnlion  box 
i  mn  muking.  Kopiy. 


“  Superintendent.” 

On  June  1,  1878,  1  received  a  letter  from  George  M. 
Phelps,  superintendent  of  the  Western  Union  Telegraph 
Company's  manufactory,  which  1  here  have  present,  and 
which  reads  ns  follows : 

‘  The  Western  Union  Telegraph  Company’s  Manufactory 
“  02  to  08  New  Church  Street. 

“  G.  M.  Phelps,  Sup’t. 

oiiouon  n.scorr. 

0  Q.  Please  state  whether  or  not  any  instrument  was 
received  hy  youjfrom  Mr.  Phelps,  and  if  so,  what  was  it 
and  what  was  done  with  it? 

A.  The  telephone  referred  to  in  this  letter  was  re¬ 
ceived  either  hy  Vice-President  Walker  or  myself  and 
tested  in  various  ways.  My  only  way  of  knowing  when 
is  hy  the  date  of  tho  letter.  1  rcniemhor  seeing  that  par¬ 
ticular  instrument.  On  June  19,  1STS,  I  shipped  to  Su¬ 
perintendent  Merrilicw,  Western  Union  Telegraph  Com¬ 
pany,  Philadelphia,  an  Edison  carbon  telephone,  to  ho 
tried  between  that  city  and  Now  York.  I  determine  tho 
date  by  several  tolcgrains  which  passed  between  us  on 
the  next  day,  of  which  T  have  tho  originals  here  present, 
and  which  read  as  follows : 


“New  York,  June  I,  1S78. 

•  Geo.  .15.  Srorr,  Sup’t: 

“  Dear  Sir — I  sent  over  yesterday  one  of  the  Edison 
‘  carbon  transmitters  for  telephone,  the  mate  of  which  we 
‘  have  in  circuit  here. 

“  Of  course,  it  iB  not  decided  yet  to  mount  them  in  the 
'  form  presented.  The  local  battery  !is  to  ho  uttiiclicd  to 
1  tho  two  hinders  at  the  bottom  of  the  case. 

“  The  automatic  spring  in  tho  fork  of  the  hand  tele 
phone  close  sthe  local  circuit  when  tho  hand  telephone  is 

“  The  magneto  call  batteries  in  this  pair  are  very  power, 
ful.  1  think  they  will  “call”  easily  on  a  circuit  to  Phil. 
1  iidclphia. 

“  Of  course,  it  mny  he  desirable  to  mount  the  carbon 
transmitter  with  arrangement  to  call  by  the  local  battery. 
“  Very  truly  yours, 

“  G.  M.  PHELPS, 

“  Sup’t.  ” 

“New  York,  June  2n,  1878. 
“Telegram  to  James  Meiikiiiew,  Superintendent.  Phil¬ 

“  T  shipped  yon  by  express  last  night  a  combination 
“  carbon  telephone. 

“  Wo  want  to  test  the  line  as  early  as  possible,  as  wo 
“  must  exhibit  it  to  the  Western  Union  Executive  Com- 
“  mittcc  to-morrow  at  noon.  Can  you  test  to-night? 

“  Answer. 

“  GEO.  B.  SCOTT, 

“  Superintendent." 

To  which  telegram  I  received  tho  following  answer:  933 

“  Philadelphia,  Juno  20 
“  Geo.  B.  Scoirr.  Superintendent,  New  York : 

“  Not  arrived  yet,  hut  I  will  connect  you  to  Mr.  Bont- 
“  ley  now.  He  is  waiting.  Aro.vou  ready  ? 

“  J.  MERK111EW, 

“  Superintendent.” 

To  which  I  answered  as  follows : 

On  June  20,1878,1  gavo  Assistant  Supt.  AViloy 
tractions  to  put  n  puir  of  Edison  carbon  telephones 
lie  private  wire  of  .lames  A.  Banker,  in  Irvingl 
\rew  York.  This  was  done  because  the  magneto  t 
dames  on  said  wire  wore  not  giving  good  ft 
determine  this  date  tram  examination  of  the  rocordi 
our  prirato  lino  department. 

On  .Inly  2!!,  1S7S,  we  put  Edison  carbon  telephone 
r  don’t  know  how  many ;  there  were  two  or  more- 
:be  private  line  of  Clam.  L.  Wright  &  Co.,  oi'  J 
York,  These  were  the  first  sets  of  Edison  toloplic 
,ve  ]iut  out  on  regular  working  lines  apart  from  the 
lcriniciilnl  i  rials  that  bad  been  going  on  for  some  ti 
[  fix  the  latter  dates  by  records  of  private  lino  dop 

7  Q.  Please  explain  what  you  mean  by  the  exprosi 
‘  private  line  V 

A.  I  mean  spccinl  wires  erected  and  maintained  h 
For  ]iarlicular  parties  or  firms  between  their  place 
business  and  their  factories  or  warehouses,  and  wl 
were  used  by  those  parties  only.  Ill  such  cases 
wires,  instruments,  telephones,  batteries  and  cverytl 
connected  therewith  remained  the  property  of  this  e 
pany,  and  were  leased  to  our  customers  at  a  reg 
monthly  or  annual  rental,  as  the  case  might  bo. 
class  of  business  formed  a  separate  department  of 
company,  under  the  charge  of  Assistant  Supt.  Wiley 
before  mentioned. 

S  Q.  State  whether  or  not  you  know  of  the  use  of 
Edison  Carbon  Telephone  between  the  Western  Ul 
Office  and  Mr.  Bentley’s  office  in  Philadelphia? 

A.  1  have  been  present  several  times  at  such  trials 
have  spoken  to  Mr.  Uently  through  the  telephone,  li 
cannot  remember  the  dates.  T  believe  some  of  t 
trials  were  beforo  .lime  20,  187S,  and  some  afterwar 
!)  Q.  I  >o  you  know  where  any  of  the  original  Ed 
Carbon  Telephones  are? 

A.  I  believe  them  to  ho  nearly  all  in  ]i  l-~u  : 
the  American  Bell  Telephone  Co.,  of  H  .1 


which  lie  did  ;  noon  after  this,  1  also  gave  an  exhibition 
of  the  carbon  transmitter  at  tlio  Franklin  Institute,  with 
tlie  most  satisfactory  results. 

Answer  objoctud  to  by  counsel  for  Gray  ns 
incompetent  and  inodmissiddc.  It  np- 
.  pearing  from  the  witnessoss  own  state¬ 

ment  that  lie  is  rending  entries  made  by 

Counsel  for  Edison  replies  tlint  the  witness 
is  entitled  to  examine  any  record  to 
which  bo  may  have  hud  access  from  time 
to  time  for  refreshing  his  memory. 

5.  Please  state  whether  or  not  you  have  had  access 
from  time  to  time,  and  examined  the  entries  in  the  hook 
which  you  now  bold  in  your  hand,  and  so  as  to  be 
familiar  with  the  contents  thereof? 

A.  This  is  a  book  that  I  have  frequently  examined. 
This  log  contains  the  various  doings  about  our  office 
from  day  to  day  throughout  the  year.  Any  experiments 
which  we  make,  or  the  erection  of  telegraphs  or  tele¬ 
phones  are  entered  in  this  book  by  the  superintendent. 
My  frequent  reference  to  the  same,  and  my  knowledge 
of  the  various  uiTnirs  going  on  at  our  place,  that  1  am 
positive  that  the  book  is  accurately  kept,  for  1  am  per¬ 
sonally  cognizant  of  a  great  part  of  the  matter  or  mat¬ 
ters  which  ho  enters  there. 

0  Q.  Please  state  what  instruments  you  exhibited  at 
the  Franklin  Institute,  and  where  those  instruments 

A.  The  principle  point  in  this  exhibition  was  to  show 
the  great  power  of  the  carbon  transmitter  over  tho  or¬ 
dinary  Magneto  'I  deplume  as  n  transmitter.  Tho  'Edi¬ 
son  carbon  transmitter  was  used  at  Third  and  Chestnut 
BtreotB.  Singing,  whistling  and  playing  on  tho  cornet 
was  distinctly  heard  at  that  time. 


7  Q.  Please  stato  whether  any  Edison’s  carbon  trans¬ 
mitters  wore  used  publicly  at  tho  Franklin  Institute,  and 
under  what  circumstances  ? 

Adjourned  for  30  minutes. 

Examination  continued : 

A.  Subsequently  to  this  exhibition  n  .  tho  Franklin  In¬ 
stitute,  a  carbon  transmutor  was  introduced  in  the 
Franklin  Institute.  I  have  not  the  date,  but  can  send  it 
to  you.  This  instrument  remained  there  for  several 
months,  and  in  fact  until  the  Philadelphia  I.oeal  Tel.  Co.  qqj 
discontinued  its  telephone  exchange,  by  transferring  its  . 
interest  to  the  Hell  Tel.  Co.  of  Pliila.  This  Edison  carbon 
telephone  was  connected  with  the  Philadelphia  Local 
Telegraph  Co.,  and  was  used  by  gentlemen  connected 
with  the  Franklin  Institute,  and  various  scientific  gentle¬ 
men  who  went  there  to  see  it  working,  in  communicat¬ 
ing  between  tho  1-  rankhn  I  nstituto  and  our  office,  also 
witli  other  points  through  our  office. 

8  Q.  Did  you  make  use  of  the  Edison  carbon  trans¬ 
mitter  at  any  other  place  about  this  time? 

A.  March  25th,  1878,  I  connected  one  of  our  tele¬ 
graph  offices  at  Broad  and  Chestnut  streets, Philadelphia, 
with  my  private  office,  and  used  the  said  transmitter 
daily  for  several  weeks.  I  have  here  present  one  of  the 
instruments  made  use  of  by  me.  ggg 

(Instrument  bore  present  offered  for  tlio 
inspection  of  tlio  respective  counsel,  and 
us  Mr.  Ucntly  does  not  wisli  to  part  with 
the  instrument,  notice  is  given  that  a 
drawing  will  be  made  of  tlio  same,  to  bo 
marked  “Bentley’s  Exhibit  Edison’s 
Carbon  Telephone,  March  28th,  1878. 

No.  2.” 



0  Q.  Did  you,  in  tlio  month  of  April,  1878,  iniiko  use 
of  nny  Edison  carbon  transmitters?  • 

A.  I  did ;  April  2d  mid  3d,  1878,  T  worked  Edison’i 
carbon  transmitter  from  Philadelphia  to  Now  York 
conversing  with  several  in  the  Western  l  moil  I  ipl 
office  tliere.  Among  others  with  whom  I  conversed  win 
R.  H.  Roeliester,  the  Treasurer  of  said  Co. 

10  Q.  I  ask  yon  whether  Edison’  I  I  1 1 
was  ever  publicly  exhibited  in  Philadelphia,  Pa. } 

A.  It  was  in  the  Academy  of  Music,  anil  an  accouni 
of  the  same  was  published  in  the  Philadelphia  Jim/uirei 
Tuesday,  April  I  Oth,  1878,  and  in  various  Philadclplii: 
papers  of  or  about  that  date. 

(Counsel  for  I  I  II  tl 

given  in  the  Philadelphia  Jimjitirn 
above  referred  to,  ol  tl  I 
given  in  the  Academy  of  Music,  to  hi 
marked  “  Edison’s  Exhibit  L.”) 

11  Q.  Did  you  have  anything  to  do  with  the  exhibi 
t ion  of  the  Edison  carbon  telephone  at  the  Sinithsoiiiai 
Institute  at  Washington? 

A.  I  did ;  I  Hindu  arrangements  for  the  exhibition  o 
Edison’s  carbon  telephone  at  the  meeting  of  the  Niitiona 
Academy  of  Science,  at  tho  Smithsonian  Institute,  a 
Washington,  and  had  the  same  connected  by  a  wire  o 
the  Western  Union  Telegraph  Co.  with  the  Westcri 
Union  Telegraph  otliee,  at  Tenth  and  Chcstniil 

12  Q.  Is  this  tho  exhibition  and  use  of  the  earbni 
telephones  mentioned  in  the  Washington  Post  of  Apr! 
10,1878,  and  also  referred  to  in  the  Speaking  Tele 
phone  and  Electric  Light,  by  Prescott,  pages  571),  581 
and  881? 

A.  That  is  it. 

1 3  Q.  Can  you  produce  any  other  of  tho  Edison  Car 
bon  Telephone’s  made  use  of  by  you,  if  so,  please  do  60: 

and  state  tho  time,  ns  near  ns  you  can,  .wlion  they  were 
'made  use  of  ? 

A.  I  am  not  nhlo  to  produce  any  others  than  tho  four 
which  T  have  hero. 

Tho  instruments  present  offered  for  in¬ 
spection  of  tho  respective  counsol,  and 
ns  Mr.  Bentley  does  not  wish  to  part 
with  tho  instruments,  notice  is  given  tlint 
a  drawing  will  bo  made  of  the  same,  to 
marked  “  Bentley’s  Exhibit  Edison’s 
Onrbon  Telephone,  Nos.  1,  2,  3  and  4.” 

14  Q.  Please  stato  which  of  thoso’instrnmcntswasfur-  fl( 
wished  to  yon  first? 

A.  Transmitter  No.  1,  2  and  3  were  in  use  at  the 
Bnmc  timo.  No.  4  was  also  tried  at  tho  same  time,  but 
not.  with  satisfactory  results.  Tho  circuit-breaking  key 
upon  Exhibit  3, 1  had  put  on  myself.  T  suggested  to 
Mr.  Edison  tlint  a  transmitter  made  to  hold  in  tho  hand, 
like  Nos.  1  and  2  were  objectionable,  because  of  their 
frequently  getting  out  of  adjustment,  by  tho  combined 
warmth  of  the  hand  in  holding  thorn,  and  the  breath  in 
talking  into  them,  nB  well  as  by  their  being  suddonly 
jarred  by  being  taken  up  and  laid  down,  or  by  any  aud- 
*  den  concussion.  I  found  that  the  hard  rubber  of  which 
they  were  made  expanded  very  greatly  from  tho  warmth 
of  the  hand,  and  contracted  greatly  after  the  warmth  of 
the  hand  was  removed  from  them,  and  they  wore  laid  f 
down  and  not  used  for  a  short  period,  so  tlint  tho  rapid 
changes  from  heat  and  cold  constantly  interfered  with 
tho  propor  adjustment  of  tho  carbon  button.  Ho  then 
made  another  form  of  transmitter,  which  he  sont  mo, 
which  is  hero  marked  No.  8.  This  worked  more  satisfac¬ 
torily  than  oitlior  of  tho  others. 

15  Q.  Whore  and  wlion  wore  othor  Edison’s  Carbon 
transmitters  publicly  used,  to  your  knowledge? 

A.  Sept.  14,  1878,  on  a  lino  from  my  office,  Third  and 
Ohostnut  streets,  Philadelphia,  to  Frankfort  Arsonal, 


Philadelphia.  September  20. 187S,  from  my  office  to  the 
permanent  exhibition,  West  Philadelphia.  Sept.  20,1878, 
connecting  my  office  with  tho  Drug  Exchange ;  on  tliu 
same  date,  connecting  the  Commercial  Exchango  with 
my  office. 

Sept.  21,  1S78,  it  was  placed  on  a  line  from  my  office 
to  that  of  .lessen  &  llnnnifen  in  Philadelphia. 

Sept.  2.1,  1878,  it  was  placed  on  a  line  running  from 
my  office  to  that  of  Allison  &  Sons,  West  Philadelphia. 

All  the  above  Edison  Carbon  Telephones  were  contin¬ 
ued  in  uso  until  the  Philadelphia  Local  Telegraph  Com¬ 
pany  diseontinuedjts  Telephone  Exchange.  In  addition 
a  large  number  of  others  were  placed  on  lines  from  that 
time  onward  until  the  Philadelphia  Local  Telegraph 
Company  ceased  to  act  in  the  business. 

1GQ.  Was  there  any  reason  ns  far  as  yon  know  why 
the  Edison  Carbon  Transmitters  were  not  publicly  used 
to  a  greater  extent  than  what  you  have  named  before 
September,  1878? 

A.  The  reason  why  we  did  not  use  them  to  a  greater 
extent  along  prior  to  this  was  our  inability  to  obtain 
them  from  the  company  manufacturing  them  '? 

17  Q.  Do  you  know  whether  Mr.  Orton  wrote  to  you 
upon  tho  subject  of  the  Edison  Carhon  Telephone,  and 
if  so,  about  when  and  what  was  the  result  of  such  cor- 
respond  cncc  ? 

A.  Mr.  Orton  wrote  to  me  to  the  best  of  my  belief,  I 
think  I  have  tho  letter  nt  my  office,  to  the  best  of  belief 
in  February,  1878,  nsking  mo  to  make  some  experi¬ 
ment  with  a  view  to  the  introduction  of  the  Edison 
Carbon  Telephone.  I  ngreed  to  do  so,  and  Mr.  Edison 
6cnt  mo  the  telephones  sometime  afterwards  as  1  liavo 
previously  stated.  I  said  to  Mr.  Orton  after  I  had  scon 
tho  Carbon  Transmitter  nt  the  Western  Union’s  Office 
that  I  believed  it  contained  the  germs  which  would  revo¬ 
lutionize  telephony,  and  1  thought  immediate  attention 
should  bo  given  to  its  development.  Mr.  Orton  there¬ 
upon  asked  Sir.  Edison  to  send  me  tho  transmitter  that  I 
might  make  experiments  with  it. 

18  Q.  State  whothcr  or  not  any  of  tho  Edison  Carbon 
Transmitters  had  rubber  between  tho  diaphragm  and  the 
carbon  and  whether  anything  was  substituted  ? 

A.  Yes;  tho  first  carbon  transmitter  I  saw  had  rubbor 
between  the  diaphragm  and  the  button.  I  tried  various 
articles,  not  with  entire  satisfaction  ;  among  other  things, 
glass.  '  Mr.  Edison  sent  mo  a  spiral  brass  spring,  which 
he  thought  would  improve  it,  which  was  placed  between 
the  diaphragm  mid  the  button.  I  was  not  satisfied  with 
the  results  of  this  spring.  Tho  reason  I  was  not  satis¬ 
fied  with  the  rubber  under  the  diaphragm  was  because 
of  its  frequent  liability  to  cxpnnd  and  contract  from 
sudden  changes  of  temperature,  so  varying  the  pressure 
on  the  carbon  button  us  to  render  it  necessary  for  mo  to 
frequently  alter  its  nil jiistmcnt.  I  found  the  most  satis¬ 
factory  result  to  be  obtained  by  placing  a  piece  of  wood 
between  the  diaphragm  and  the  button.  This  gave  us 
tlio  most  satisfactory  articulation  we  had  yet  obtained. 
Mr.  Edison  suggested  that  a  piece  of  metal  be  placed  be¬ 
tween  the  diaphragm  and  the  button,  whereupon  lie  sent 
mo  from  Menlo  Park  two  diaphragms,  with  a  small  piece 
of  brass  tubing  soldered  oil  the  under  part  of  the  dia¬ 
phragm,  such  as  uro  now  in  Exhibits  Eos.  1  and  2. 
When  Eo.  1  was  originally  received  it  had  not  the  metal 
undorncath  the  diaphragm,  as  is  now  found  in  it. 

19  Q.  To  what  extent  and  hy  whom  besides  yourself 
was  the  Edison  Carbon  Transmitter  publicly  used  on  the 
occasions  mentioned  by  you,  on  Feb.  -1,  March  2d,  10th, 
15th,  and  nt  the  Franklin  Institute,  and  March  25th,  all 
in  1878? 

A.  Mr.  S.  M.  Plush,  Superintendent  of  the  Philadel¬ 
phia  Local  Telegraph  Company,  participated  in  theso 
experiments  with  mo  on  those  dates.  They  wore  used 
by  various  other  parties  on  theso  dates.  I  cannot  men¬ 
tion  any'  further  than  Mr.  Batchelor,  Mr.  Edison,  Mr. 
Adams,  Mr.  Dcsher,  Mr.  Homnn,  Actuary  of  tho  Frank¬ 
lin  Institute ;  also  Mr.  J.  B.  Knight,  of  tho  same  insti¬ 
tution  ;  also  Prof.  Barker,  of  tho  University  of  Penn_ 

lii-li  we  kept  mi  accounts.  We  left  u  carbon  tra 
liter  at  the  Franklin  Institute  for  tlie  use  of  its  utile 
(1  the  many  scienlilie  gentlemen  who  ealleil  tin 
Ills  was  a  public  use,  and  we  endeavored  to  have  it 
iblie  as  possible.  We  placed  tins  instrument  there, 
sving  it  to  bo  the  most  conspicuous  place  in  which 
aid  place  it,  as  we  were  not  aide,  at  this  period 
pply  instruments  for  the  public  to  use. 

Croxs-exumintUioR,  by  AVilliam  D.  Baldwin,  K 
iiiusel  for  Mr.  Gray ; 

19  ,\Q.  I  presume,  Air.  Bentley,  you  liave  no  peer 
•y  interest  in  any  of  Edison's  inventions,  or  in  the  s 
ct  matter  in  controversy  t 

A.  As  president  of  tbe  Philadelphia  Iajcal  Tclegn 
ompany,  and  ns  a  stockholder  in  the  same,  I  am  in 
ited  in  telephony  generally.  I  am  personally  a  fri 
f  Mr.  Edison,  as  well  as  several  other  inventors,  lm 
now  of  no  interest  that  1  would  have  in  telcplr 
inch  would  uausc  me  to  be  intluenced  in  milking 
ntement  which  I  linve  hero  made, 
at)  xQ.  As  I  understand  it,  then,  your  position  is  I 

f  Mr.  Edison  and  an  enthusiastic  admirer  of  his  go: 
lid  Jin  volitions  1 

A.  1  am  an  admirer  and  a  warm,  personal  friem 
Ir.  Edison,  Air.  Gray,  Air.  Phelps,  and  several  o 
ontlcmon  whose  names  aro  connected  with  t 

21  xQ.  You  nre,  I  believe,  a  telegrapher  of  n 
ears’ standing,  and  of  large  and  i  \(  : 

uch ! 

A.  1  have  had  considerable  experience  in  telcgn 
ind  in  mnnagoinent  of  telegraphs. 

22!.\Q.  As  a  telegrapher,  did  you  take  a  great  inti 
n  experimenting  and  investigating  tho  telephone,  v 

A.  I  did ;  to  the  best  of  my  knowledge  and  belief,  tl 
lirst  telephones  placed  hoforo  the  public  in  Pliiladelph 
were  Professor  Bell’s  inngneto-telophones,  sent  to  me  l 
Air.  Hubbard  from  Boston.  This  was  in  the  early  sprit 
of  1877.  I  placed  one  of  these  magneto-telephones 
the  Philadelphia  Stock  Exchange,  to  see  if  I  could  into 
duce  it  among  the  bankers  and  brokers.  1  found  th 
it  was  not  satisfactory,  more  particularly  on  account 
the  great  amount  of  induction,  consequent  upon  the  ii 
mediate  proximity  of  a  large  number  of  tclogm] 

23  xQ..  Examine  the  cut  now  shown  you  on  page  ! 
of  Prescott's  speaking  telephone,  and  state  whether  it 
a  correct  representation  of  the  first  carbon  transmitt 
sent  you  by  Edison,  as  stated  in  your  third  answer? 

A*  That  to  the  best. of  my  knowledge  is  very  simil 
to  tho  first  transmitter,  or  the  one  first  sent  me. 

Copy  of  said  cut  is  already  in  evidence 
tlii6  case  ns  Exhibit  Journal  of  tho  T 
egraph,  April  lti,  1878;  fig.  2. 

24xQ.  Plcaso  state  wlint  changes  Air.  Edison  made 
the  form  of  that,  transmitter  at  the  suggestion  of  A 
Plush  and  yourself,  as  stated  in  your  third  answer  ? 

A.  Air.  Edison  placed  a  pieeo  of  metal  1 
tho  diaphragm  in  order  to  improve  its  articulatii 
This  piece  of  metal  was  not  suggested  by  me,  but 
stated  to  him  that  he  must  linve  some  substance  tin 
which  would  not  expand  and  contract  so  much  as  t 
rubber  tubing  which  lie  had  placed  there.  I  though 
piece  of  hard  wood  would  bo  liest,  but  it  was  difficult 
hold  tho  wood  tlicro  in  a  proper  position  always,  so 
soldered  a  small  picco  of  brass  tubing  underneath  1 
diaphragm.  This  wo  continued  to  use.  Air.  Edit 
also  sent  mo  a  spiral  brass  spring  to  go  underneath,  I 
rliniihrmrin  no  thn  button,  but  wo  thought  it  .  caused 


25xQ.  Exhibit  Bentley's  Exhibit  Edison’s  Car¬ 
bon  Telephone  No.  1  is  the  first  transmitter  sent  you  by 
Mr.  Edison,  is  it  not ? 

A.  L  nm  not  sure  whether  this  is  the  first  instrument 
he  sent  to  me.  One  or  two  instruments  were  sent  buck 
to  him.  To  the  best  of  my  knowledge  mid  beliof  the 
instruments  mnrkcd  No.  I  mid  No.  2  nrc  the  first  in- 
striimcnts  sent  to  me  by  Mr.  Edison.  One,  No.  1,  was 
sent  hack  and  out  open  by  Mr.  Edison  to  show  the  in¬ 
side,  so  that  a  drawing  could  lie  made  of  it.  Which¬ 
ever  one  of  those  is  the  first,  had  the  rubber  tubing  in 
it.  We  placed  a  solid  piece  of  soft  rubbor  in  it  in 
place  of  the  tubing.  We  put  in  paper,  and  leather  and 
many  substances. 

2<ixQ.  How  long  did  you  use  the  first  transmitter 
sont  you  without  alteration  of  any  kind  ? 

A.  To  the  best  of  my  recollection,  we  removed  the 
rubber  tubing  which  Mr.  Edison  had  placed  there,  and 
tried  in  its  place  various  other  substances  within  a  week 
or  ten  days  after  we  received  the  first  transmitter.  ■ 

27.\Q.  Which  of  the  substitutes  you  used  for  rubber 
tubes  produced  the  best  results? 

A.  A  piece  of  hard  wood  produced,  in  our  opinion, 
the  clearest  articulation. 

28xQ.  Who  suggested  and  who  applied  a  piece  of 
wood  ? 

A.  1  did.  I  think  the  first  public  exhibition  of  any 
carbon  telephones  by  me.  outside  of  our  own  building, 
was  one  at.  the  Franklin  Institute. 

2!)xQ.  Did  the  carbon  transmitter  exhibited  at  the 
the  Franklin  Institute  have  the  piece  of  hard  wood  in  it 
or  the  soft  rubbor  tube? 

A.  I  do  not  remember. 

30xQ.  How  was  the  carbon  transmitter  subsequently 
introduced  in  the  Franklin  Institute,  stated  in  your 
'seventh  answer,  constructed  in  this  respect  ? 

A.  I  think  it  had  the  metal  tubing  underneath  the 

!Hx<4.  Uow  was  it  as  to  tho  one  exhibited  at  the  Acad 
cmy  of  Music,  April  10,  1878,  ns  stated  in  your  tenth 

A.  To  the  best  of  my  belief  Mr.  Batchelor,  who  came 
over  to  Philadelphia  with  Mr.  Edison's  phonograph, 
brought  that  transmitter  with  him,  and  I  do  not  know 
how  it  was  constructed. 

32xQ.  IIow  was  the  telephone  used  at  Washington  at 
the  Smithsonian  Institute,  as  stated  in  your  eleventh 
answur.  constructed  ? 

A.  That  carbon  telephone,  to  tho  best  of  my  belief, 
had  a  piece  of  meta  tubing  underneath  tho  diaphragm 
and  was  taken  to  Washington  by  Prof.  G.  F.  Barker.  I 
sent  it  with  him  to  make  tho  experiment  with  me.  988 

:13.\Q.  At  what  time  did  you  receive  ExhibitNo.  3? 

A.  I  received  No.  3,  written  a  few  weeks— I  cannot 
say  the  date— within  a  few  weeks  after  No.  2.  I  don’t 
rcinemher  whether  the  hard  rubber  contact  piece  between 
the  carbon  and  tho  diaphragm  was  on  it  when  it  first 

By  Col.  Dvicn: 

34xQ.  These  instruments  you  have  furnished  ns  ex¬ 
hibits,  do  you  know  where  they  were  manufactured,  and 
by  whom? 

34xQ.  They  were  all  sent  me  from  Mr.  Edison’s  shop 
by  Mr.  Edison,  and  l  have  always  understood  from  him 
that  they  were  made  by  him.  To  the  best  of  my  under¬ 
standing  and  belief  they  were  so  made. 

35xQ.  In  regard  to  tho  removal  of  tho  rubber  tub¬ 
ing  and  tho  substituting  of  something  else  in  place  of  it 
would  you  have  been  willing  to  have  attempted  tho  general 
uso  of  those  instruments  without  tho  change  in  their 
construction  you  have  testified  about? 

A.  No,  I  would  not  linvo  been  satisfied  to  use  it  in 
that  form  with  the  rubber  tubing,  although  it  would  not 


Iinvo  appeared  so  satisfactory  to  tlic  public  as  .with  the 

OKOIiOK  M.  IMIUI.1'3,  ,11!. 



Adjourned  to  Friday,  January  7, 1881,  at  10  o'clock 

G.  T.  P. 

140  Nassau  Stiieet,  New  Yoke,  N.  Y. 
Friday,  January  7,  1881, 

Met  pursuant  to  adjournment. 

Counsel  present  ns  liofore. 

Geokoe  M.  PiiKLrs,  Jr.,  being  duly  sworn,  deposes 
and  says,  in  answers  to  interrogatories  prosposed  bv  L. 
W.  Sorrell,  Esq.,  ns  follows: 

1  Q.  Please  state  you  name,  age,  residence  and  occu¬ 

A.  George  M.  Phelps,  Jr.,  37  years  of  nge,  residence, 
Brooklyn,  N.  Y„  occupation,  Supt.  of  the  Western  Elec¬ 
tric  MTg  Co.,  New  York. 

2  Q.  Please  state  whether  yon  arc  acquainted  with 
Thomas  A.  Edison,  nml  if  so,  how  long  you  hare  known 

A.  I  am,  and  have  known  him  about  sevon  years. 

3  Q  Do  you  know  anything  in  relation  to  the  early 
use  of  the  Edison  Carbon  Tclophono,  and  if  you  can 
give  any  dates  upon  the  subject,  pleaso  do  so? 

A.  The  earliest  date  of  its  use,  outside  of  experiment¬ 
ing  in  the  workshop,  of  whieli  I  have  personal  knowl¬ 
edge.  is  May  23d,  1 S78.  On  that  date  I  used  one  or  two 
carbon  transmitters  in  tho  lecture  room  of  Dr.  Wells’ 

Church  in  Brooklyn,  for  tho  purpose  of  exhibition  to 
some  friends  and  acquaintances.  There  were  also  pres¬ 
ent  onougli  other  persons  to  mako  an  audience  of  about 
300.  1  used  on  this  occasion  a  carbon  transmitter, 
which  I  understood  to  have  been  made  by  Mr.  Edison, 
and  also  a  carbon  transmitter,  made  nt  the  factory  of  tho 
Western  Union  Telegraph  Co.,  Now  York.  On  that 
occasion  I  gave  a  lecture,  of  which  T  have  notes  hero  pres¬ 
ent.  This  lecture  was  intended  to  lie  a  brief  exposition  of 
tho  history  of  the  telegraph  and  also  to  give  some  account 
of  the  principles  of  tho  telephone.  1  gave  a  pretty 
minute  description  illustrated  by  n  magneto-telephone, 
tnken  to  pieces  before  the  audience ;  but  gave  no  detailed 
description  of  the  carbon  transmitter.  The  carbon  trails-  0112 
mitter  was  used  only  nt  tho  distant  end  of  the  line,  from 
which  communications  wore  sent  to  the  lecture  room. 

The  sending  instruments  were  in  the  pastor’s  residence, 
not  far  from  the  church  building.  'During  the  exhibi¬ 
tion,  Dr.  Wells,  the  pastor  of  the  church,  mid  several 
other  persons  were  ill  tho  room  from  which  the  trans¬ 
missions  were  made.  The  speaking  and  singing  at  tho 
transmitting  end  was  done  by  several  persons.  Tho  ex¬ 
hibitions  of  the  telephone  were  very  successful.  A 
qui'.rtctt  of  individuals  singing  together  into  the  instru¬ 
ment  were  heard  distinctly  by  all  the  audience,  and  Dr. 

Wells’  voice  was  recognized  by  tho  audience  when  ho 
addressed  them  through  tho  telephone.  The  carbon 
transmitter  was  used  in  nearly  all  tho  experiments  made 
during  the  evening.  The  instrument  used  ns  a  receiving  )93 
telephone  was  a  magneto-telephone,  of  tho  variety  known 
as  “  drown.” 

4  Q.  Had  you  before  this  loeturo  been  familiar  with  «• 
tho  use  of  tho  magneto-transmitter;  and  if  so,  how  did 
tho  carbon  transmitter  on  tliiB  occasion  compare  in  effec¬ 
tiveness  with  tho  magneto-transmitter  which  you  had 
before  used  ? 

A.  I  had  boon  familiar  with  tho  use  of  tho  mngneto- 
tolophono,  and  found  tho  carbon  telephone  to  bo  much 

_T  tlio  wire  tlmn  I  could  do  witl 
lift  I  wns  faiidliiir  with, 
use  of  the  Iiilison  carbon  tele 
a  personally  uci|uuintcd  i 
lutes  us  to  particular  uses  altci 
.  On  May  31,  1878,  there  wa 
ini  Union  Telegraph  Company’ 
Stock  Telegraph  Company  o 
son  carbon  transmitter.  1  lint 
ik,  under  date  of  May  31,1878 
;,  No.  037,  with  Edison  earboi 
era),  and  one  hi  1  1.1 

.  and  S.  Co.  for  trial.”  Thii 
dwriting,  and  wns  made  on  6 
'he  note  hook  containing  tlii 
for  noting  vnrioi 
f  the  Western  Union  Mnmifac 

Jtlier  or  not  any  carbon  tele 
in  Western  Union  Manufactory 
r  what  instractions,  how  many 

i  number  of  carl  t  1  . 1  o  i 
t  the  Western  Union  Tel.  Co.’i 
m  by  the  Gold  nnd  Stock  Tel 
hi  was  under  date  of  May  31st 
i  Union  factory  .)  line  1st,  am 
a  transmitting  telephones.  Tin 
to  the  sainplo  delivered  May  31 
node  on  Juno  13th,  whon  an 
is  uinde.  Another  delivery  ol 

vo  was  made  June  Slst;  another  July  17th;  another 
silvery  often  July  93d;  another  delivery  of  litlty  July 
4th,  and  the  whole,  dalivory  of  6n0  was  completed  at 
iflcrent  dates  by  Dae.  10,  1873. 

7  Q.  What  was  the  character  of  the  instruments  com- 
using  this  fill!)! 

A.  Tlioy  wore  of  the  same  character  as  the  instrii. 
louts  which  Ins  horotofo  -o  boon  produced,  marked  “  Ex 
ihit  Edison  Carbon  Telephone.  S.  L.  G.”  I  think  this 
istrirncnt  is  ono  ofthe  make  of  the  Western  Union  Co, 
ecniise  it  embraces  points  in  its  construction  which 
rn'inatud  at  the  Western  Union  factory,  and  which 
liaracterizj  nearly,  if  not.  rpiito  all,  the  Edison  Carbon 
’clephoncs  made  in  that  factory.  These  points  aro  tlio 
cinis]iliencal  knob  upon  wlueli  tile  dinphragm  acti 
liulc  of  thin  sheet  brass  and  gummed  to  the  glass  disc; 
lie  ear  provided  for  attaching  the  transmitter  to  a  joint 
d  arm,  and  the  shape  of  the  iron  case.  Soon  after  wt 
ogun  making  these,  others  wore  begun  by  the  Western 
ilcctric  Manufacturing  Co.,  of  Chicago,  nnd  some  ol 
liose  made  by  them  may  have  resembled  this  one  in  the 
etails  1  have  mentioned.  In  most  of  those  made  nl 
ihicago  the  back  of  the  case  was  more  bulging,  instead 
f  conical,  nnd  the  whole  ease  was  heavier,  and  the  eni 
or  attaching  the  transmitter  to  the  jointed  arm  did  nol 
arm  a  part  of  the  transmitter  ease,  but  wns  made  ns  ii 
sparate  piece  attached  to  it,  aiul  tlio  adjusting  screw  bad 
slotted  instead  of  a  capstan  head.  And  instead  of  the  knob  attached  to  the.  glass  disc  in  this  ex. 
ibit,  the  later  Chicago  transmitter  had  a  pioco  of  brass 
abc  cemented  to  the  diaphragm,  and  having  three  feel 
t  the  end  nearest,  the  carbon. 

8  Q.  Stnto  whether  or  not  the  Edison  carbon  tele 
hone  as  used  since  1878  corresponds  generally  with  tin 
istrmnont  lioro  present  marked  “  Exhibit  Edison  Car 
on  Telephone  1” 

A.  Yes  j  I  consider  they  do. 

9  Q.  What  differences,  if  any,  can  you  point  out  ? 

nchnicnt  nt  contact  strip.  I  lie  soft  carbon  Imtton 
ctniiied,  us  Iiuforo;  also,  tlic  electrical  connections 
roiilil  lilie  to  look  at  some  ineitioramla  licfoi’c  nnswc 
his  further.  [After  the  return  of  this  witness  he  sa; 
know  of  no  further  alterations,  anil  hi  It  1 

lcmonmdn  for  that  purpose. 

10  Q.  Do  you  know  anything  in  relation  to  tclepl 
istnnncnts  furnisheil  for  use  at  Mr.  Orton’s  house  ! 
A.  I  have  in  my  note  hook,  the  same  hook  referre 
efore,  niuler  date  January  10,  187S,  this  entry : 

“  Telephone  No.  48  sent  to  Mr.  Present 
he  used  for  test  at  Mr.  Orton’s  lion 

I  have  no  personal  knowledge  beyond  this — the 
lat  the  instrument  referred  to  in  this  entry  was  senl 
le  date  specified 

ross-cxamination  by  J.  J.  Stoiikow,  Esq. : 
xQ.  Was  the  lecture  which  you  delivered 

. . .  « nidi  you  delivered  nt 

ells’  Church  substantially  the  same  ns  the  notes  wli 
m  have  produced  and  shown  us  ? 

A.  It  was  exactly  the  same  so  fur  as  the  MSS.  is  writ 
it  in  full,  and  beyond  that  point  substantially  ns  indies 

12  xQ.  Please  road  to  the  Commissioner,  to  he  tal 
>wn  as  part  of  your  evidence,  the  portion  wliicl 
nut  out  to  you  on  pages  38  and  39  from  the  r 
ntton  out  in  full  ? 

A.  t do so: 

W  hen,  about  four  years  ago,  Mr.  Elislm  Gray, 
Chicago,  exhibited  his  system  of  transmitting  music  o 
telegraph  wire  in  New  York,  n  telegraph  offii 
present  ventured  to  predict  that  pooplo  would  bef 
long  ho  talking  over  the  wires 

Ity  'V.  I),  Baldwin',  Kb<j.  : 

20  xQ.  Thu  receiving  magneto  telephone,  know 

.  <Jro"'"  l>v  .vou  in  (lie  lecture  yon  have 

:iuned,  was  the  invention  of  your  fntlier,  was  it  not 

21  xQ.  Do  yon  know  when  instruments  of  that 
vere  first  iiiiulcor  used  >. 

A.  They  were  first  iniule  some  short  time  previo 
tlay  2it,  1878,  and  enine  into  use  some  time  after 
Into,  ns  I  recollect. 

22  xQ.  How  ninny  of  them  wore  in  use  when 

™  1  "  >o  b  t  r  yon  ha vo  spi 

A.  Probably  none. 

2dxCJ.  Please  identify  the  enrlion  trausinittcr 
nderstood  to  have  been  niado  by  Mr  Kdison  hv  c  or  l.y  some  brief  description'  ’  ‘ 

A.  I  see  none  here  that  resembles  it  very  closely, 
ecollect  it,  m  outside  nppciinince.  In  general  lentil 
•ns  the  same  ns  the  one  made  nt  tlio  Western  Lit 
ictory,  used  nt  the  snmc  time.  The  precise  diflon 
l  details  I  cannot  at  the  present  time  recall.  It  did 
nvo  the  car  and  pin  on  it  for  attachment  to  a  job 

21  xQ.  By  whom  were  the  changes  nindc  in ' 
DWsed»ni"S",itter’  ""Ule  nt  th0  WMtorn  Unio,,  fac* 

A.  By  my  father,  Mr.  G.  M.  Phelps. 

25  xQ.  AV as  the  carbon  transmitter  made  nt  the  West- 
orn  Union  factory  and  used  by  you  at  Dr.  Wells’  church 
substantially  like  tlio  one  shown  in  Patent  214,840 
(fronted  to  Geo.  M.  Phelps,  April  20,18701 

A.  I  think  it  did  not  have  tlio  ear  for  attachment  to  a 
jointod  arm,  as  shown  in  this  patent,  nml  I  am  not  en¬ 
tirely  sure  that  it  had  the  hemispherical  knob  attached 
to  the  glass  disc;,  but  it  was  otherwise  substantially  the 
same  as  shown  in  this  patent. 

20  xQ.  How  long  prior  to  May  28,  1878,  had  tele¬ 
phones  been  practically  used  on  telephone  exchange  in 
New  York  City,  to  your  knowledge! 

•  A., Telephones  wore  furnished  to  the  Gold  and  Stock 
Telegraph  Co.  from  the  Western  Union  Telegraph  Com-  10,0 
Jinny’s  shop  early  in  January,  1878.  These  were  inng- 
neto'tclephoncs.  I  do  not  know  that  they  wore  used  on 
telephone  exchange.  These  wore  of  the  puttorn  called 
’•Phelps Duplex,”  similar  as  shown  in  Patent  200,280. 

This  is  the  earliest  delivery  found  in  my  note  book.  If 
I  find  an  earlier  one  I  will  note  it.  The  exact  form  of 
the  instruments  delivered  at  that  time  is  shown  in  tho 
cut  on  jingo  28  of  Prescott’s  Telephone  Said  cut  is  as 

It  is  possible  tlmt  some  of  this  lot  were  mmlo  with  tlio 
ljusting  screw  ns  shown  in  llg.  803.  instead  of  tho  cap- 
nn  liond  screw  in  Exhibit  Edison  Carbon  Telephone. 
Adjourned  for  one  hour. 

G.  T.  P. 

jr  Col.  Dyer. 

20  xQ.  If  the  order  of  the  Gold  and  Stock  Telegraph 
nnpany,  of  May  81, 187S,  was  in  writing,  please  fur- 
sh  a  copy  of  tlio  same  ? 

A.  It  wns  in  writing,  liml  I  hero  furnish  tho  following 
py  of  the  same : 

“  Gold  ami  Stock  Telegraph  Company, 

“  Western  Union  Building, 
“New  York,  May  31,  1878. 

\  0.  Box  5045. 

11  George  Walker, 

“  Vice-President. 

5eo.  M.  Piielps,  Esq., 


‘Dear  Sir  : — I  am  instructed  by  our  Executive  Coin- 
nittco  to  give  you  an  order  for  live  hundred  Edison 
nrbon  transmitting  telephones,  with  Morse  key  and 
egistcr  induction  coil.  IVe  do  not  wish  to  order  any 
Edison  receiving  msts.  at  present,  intending  to  use 
ours  and  Gray’s  hand  insts.  as  receivers.  ■ 

‘Wo  wish  this  order  pressed  as  rapidly  as  possible. 
Vhen  you  have  determined  on  the  form  and  made  an 
stimate  of  tho  price,  I  w’d  like  to.  hear  from  you. 

“  Yours  very  truly, 

Endorsement  on  same. 


OEOKOE  M.  PIIELPS,ri(.  1021 

“  Geo.  Walker,  V.-Pres’t  G.  &  S,  Co. 

“Juno  1,  1878. 

“Ordering  500  Edisou  Carbon  Transmitting  Tele, 

“  phones. 

“  490  delivered  up  to  Nov.  21. 

“  8  “  Dee.  fl. 

“  1  “  “  10. 

“  500  completing  order.” 

30  xQ.  At  this  time  was  your  company  manufactur¬ 
ing  any  receiving  instruments ;  and  if  so,  which  ? 

A.  Yes.  we  were  manufacturing  tho  receiving  tele-  1022 
phone  known  as  the  Phelps  Duplex,  and  had  begun  to 
make  some  receivers  of  the  variety  called  “crown.” 

31  xQ.  Was  your  company  in  a-position  to  ninmifac-. 
tore  any  telephone  instruments  ut  tiiat  time,  or  was  it 
confined  to  those  for  the  Western  Union  Telegraph 
Compnny  ? 

A.  Wo  lind  tho  tools  nnd  were  to  manufacture  what¬ 
ever  was  ordered  by  the  Western  Union  Telegraph  Co. 

Re-direct  by  L.  YY.  Seiikell,  Esq. 

32  r-c'. .  Q.  Did  tho  Western  Union  Manufactory 
munuincturc  instruments  for  other  parties  tlinn  for  the 
AVestern  Union  Tolcgraph  Co.,  or  pursuant  to  tho  ordor 

of  the  Co.  in  1877  and  1878  ?  1023 

A.  The  only  manufacturing  done  was  for  the  AVestern 
Union  Telegraph  Co.,  or  upon  their  authorization,  if  for 
any'  other  parties. 

33  R-D  Q.  Do  you  know  whether  Mr.  Edison  had 
endeavored  to  get  any  telephones  mndo  nt  your  factory 

, earlier  than  tho  ones  of  which  you  speak? 

A.  1  do  not. 




140  Nassau  St., 

Nkw  Your.  Jan.  7,  1881. 

Samuki,  M.  Fi.usii,  being  duly  sworn,  deposes  and 
says,  in  answer  to  interrogatories  proposed  by  1.  W. 
Serrell,  Esq.,  ns  follows : 

1  Q.  Please  state  vonr  name,  age,  residence  and  occu¬ 
pation  1 

A.  Samuel  JL  Flush ;  1  am  40  yearn  of  age ;  reside  in 
Philadelphia,  and  am  Superintendent  of  tho  Philadel¬ 
phia  Locul  Telegraph  Co.,  and  have  been  in  that  position 
about  ten  years. 

2  Q.  State  generally  what  duties  yon  have  performed 
m  that  position  ! 

A.  I  have  had  charge  of  the  entire  business;  among 
other  things  I  have  kept  wlint  I  call  a  '•  lo-  ••  it  is  a 
daily  memorandum  book,  and  I  have  the  same  hero 

k,m'v  “'O'thing  in  relation  to  the  early 
ISC  of  the  Edison  carbon  telephone,  and  have  you  any 
means  ot  fixing  dates  ?  J 

wat;  Jb!  I  kn7  °!  Bt'Veral  P,,blie  "Bes  ‘n  which  it 
which  1  8  «  ,  ,  ,lmong  4,10  ,,lore  important  of 

1  ted  that  institution ;  a  special  wire  was  run  for  this 

if  March  20  1878-  "cIi.,0,.k1s  1,8  foUows,  under  date 

AQr  ''  h.!lt  la'ld  of  cl“'bon  telephone  was  this  one  ? 

the  carbon  transmitter  of  Edison  exactly  ns  it  was  at  tho 
time  of  this  exhibition  and  use  at  tho  Franklin  Institute. 

This  articlo  was  written  by  myself  during  tho  month  of 
March  preceding. 

Counsel  for  Edison  offers  in  evidence  tho 
copy  of  tho  journal  of  tho  Franklin  In¬ 
stitute  before  referred  to,  and  makes 
pages  2GG  to  280,  inclusive,  an  exhibit 
in  this  case. 

i>  Q.  What  object  was  there  in  leaving  this  Edison 
Carbon  Telephone  nt  tho  Franklin  Institute  for  public 
use  from  March  20  1S78,  onward  to  the  time  you  have  1028 
named  ? 

A.  It  was  loft  there  nt  the  request  of  tho  Secretary 
of  the  Institute,  for  the  use  of  the  business  men  and 
others  calling  to  communientu  with  our  office  at  Third 
street,  and  also  for  tho  purpose  of  introducing  it  generally 
when  they  could  bo  obtaiiicl. 

6  Q.  Before  this  timo,  had  you  had  anything  to  do 
with  tho  Edison  Carbon  Telephones  ;  if  so,  state  what 
and  when  ? 

A.  Yes,  almost  constantly  from  Feb.  4  until  tlint 
time.  This  Edison  Carbon  Telephone  was  shown  from 
time  to  time  to  numerous  persons  calling  nt  tho  office  of 
tho  Philadelphia  Load  Telegraph  Co.  It  attracted  a 
great  deal  of  attention,  and  parties  wore  very  anxious 
to  get  them  prior  to  the  exhibition  at  tho  Franklin  In-  1020 
stituto.  Parties  anno  there  to  compare  them  with  the 
magneto  telephones  that  wore  in  use  before  that  timo, 
and  they  compared  vory  favorably  with  these  magneto 
telephones.  I  only  kept  memoranda  in  this  log  book  of 
those  exhibitions  which  wo  considered  wonderful. 
Among  those  memoranda  I  find  an  entry,  under  dato  of 
Feb.  4, 1878,  as  follows: 

“  Testing  Carbon  Transmitter  with  Edison,  on  7,  at 

nlo  Park.” 

On  March  3d,  1S7S,  is  tno  iouowing  cmry  . 

“  Mr.  Adams  hero  from  Menlo  Park,  with  Edison’s 
Carbon  Telepliono.  Made  test  to  Wilmington  and 

On  March  10th,  1H78,  is  the  following  ontry : 

«  Making  test  with  Menlo  Park  via  Now  York,  1 38 
‘  miles,  also  to  Menlo  Park  direct ;  got  miking  distinctly, 
“  also  singing,  words  in  conversation  sound  nmtlled.”  I 
remember  the  faets  and  the  book  conlirms  mo  astodntes. 
f  had  not  known  where  telephonic  communication  had 
been  made  such  a  distance  and  would  not  have  believed 
it  possible.  I  have  the  -following  entry  on  March  15, 

“,T.  M.  in  Washington,  made  telephone  tests  140 
miles,  got  what  was  said  distinctly.” 

J.  M.  aro  the  initials  of  James  Merrihcw,  Superin¬ 
tendent  of  the  Western  Union  Tel.  Co.,  who  was  in 
Washington  tlint  date,  and  carried  with  him  that  trans¬ 
mitter  for  the  purpose  of  making  this  test  with  me, 
md  the  test  was  made  at  that  time  according  to  my  re¬ 
cord,  and  it  was  satisfactory  to  the  parties  making  it. 
Also  March  13,  1878, 1  made  the  following  record : 

“  Making  telephone  testa  with  Menlo  Park,  with  new 
“  disc  “  spring”  test  very  satisfactory.” 

“  Put  up  at  Bjoad  and  Chestnut  streets,  Edison  set 
of  telephone  for  test  with  this  otlice.”  These  were  put 
there  for  general  public  information  tlint  they  might  call 
and  test  the  instruments  themselves  with  the  office  at 
Third  and  Chestnut  streets.  This  plnc'e  at  Broad  and 
Chestnut  streets,  was  a  public  reception  room  of  the 
Philadelphia  Local  Tel.  Co.  Wo  kept  a  young  man  at 
the  publio  reception  room  and  parties  going  in  there  de¬ 
sirous  of  communicating  with  our  executive  offices, 
could  use  the  telephone,  and  did  so  use  it.  This  Edison 

Carbon  Telephone  was  there  fora  considerable  thno,  but 
I  don’t  romombor  how  long.  Oh  April  2nd  and  3d,  1 878, 
they  wuro  making  a  comparison  between  Edison’s  Car¬ 
bon  Transmitter  and  Phelps  Magneto  Transmitter  in 
Now  York.  I  find  this  fact  by  reference  to  my  log  afore¬ 
said.  There  is  nothing  stated  ns  to  the  results,  but 
my  recollection  is  that  those  in  Now  York 
got  nothing  from  the  magneto  transmitter.  By  the  carbon 
transmitter  tlioy  got  talking.  I  helped  to  placo  the  car¬ 
bon  telephone  instruments  in  circuit  that  were  used  in 
the  test  between  Philadelphia  and  tho  Smithsonian  Insti¬ 
tute  at  Washington,  whore  the  Academy  of  Science  was 
in  session.  This  was  done,  April  IS,  1878.  I  talked 
with  Prof.  Barkor  at  Washington,  and  also  heard  Prof. 
Henry  speak.  My  recollection  of  tho  date  is  further 
confirmed  by  the  article  in  tho  “Washington  Post”  of 
April  19, 1878. 

7  Q.  Were  you  present  at  the  examination  yesterday 
of  Mr.  Henry  Bentley,  and  did  you  or  not  refer  to  the 
entries  mnde  ill  your  handwriting  in  your  log  book,  by 
which  to  determine  tho  dates  in  1878,  when  tho  Edison 
enrbon  telephone  was  introduced  at  tho  various  places 
mentioned '! 

A.  I  was  present,  and  did  refer  to  the  entries  in  my 
log  or  memorandum  book,  by  which  to  aid  in  determin¬ 
ing  the  various  dates  in  1878  when  the  Edison  carb'on 
telephone  was  put  into  different  places  for  further  use. 

8  Q.  Please  examine  the  instruments  here  present, 

-  marked  Bentley’s  Exhibit  Edison’s  Carbon  Telephones,  — i 
Nos.  1, 2, 3, 4,  and  state  whether  or  not  you  have  seen  the 
same  before,  and  where  the  instruments  have  been,  ns 
far  as  yon  know  ? 

A.  Yes;  I  have  seen  them,  and  recognise  them  ns 
among  tho  first.  I  believe  they  liavo  never  boon  out  of 
tho  possession  of  Mr.  Henry  Bentley.  They  were  fur¬ 
nished  by  Thomas  A.  Edison  of  Menlo  Park,  and  I  bc- 
lievo  tlioy  were  mudo  in  Mr.  Edison’s  shop,  ns  Mr. 
Adams  so  stated  to  me.  T  know  that  the  Instrument 
No.  1  was  cut  open,  so  that  tho  internal  arrangement 



could  bo  scon.  This  was  done  some  wliilo  uftor  tho  in 
strumonts  bud  boon  used  by  Mr.  Bentley  nml  myself. 
Parties  wanted  to  know  how  they  were  made  inside,  and 
wo  took  this  moans  of  showing  them. 

Cross-examination  by  W.  D.  Baldwin,  Esq. : 

9  xQ.  By  whom  wns  the  hemispherical  projection  on 
a  piece  of  hard  rubber,  between  the  diaphragm  and  soft 
carbon  button,  shown  in  Bentley’s  Exhibit  No.  3,  dc- 

•  vised  and  applied! 

A.  It  wns  placed  there  by  one  of  the  mechanics  in  our 
shop,  hut  I  don’t  know  who  devised  it. 


By  Col.  Dykk  : 

10  xQ.  Did  you  hoar  tho  testimony  of  Mr.  Bentley  • 
yesterday ;  do  you  agree  with  him  in  tho  various  state¬ 
ments  mndo  by  him ! 

A.  Tes;  I  agree  to  all  tho  statements  mndo  by  him, 
which  have  any  corroboration  to  ,tho  records  of  my  mem¬ 
orandum  book. 




Met  pursuant  to  adjournment. 

George  L.  Wiley,  being  dnly  sworn,  deposes  and 
says  in  answer  to  interrogatories  proposed  by  L.  AV. 
Serrell,  Esq.,  as  follows : 

IQ.  Please  state  name,  ago,  residonco  and  occupation! 

A.  My  numo  is  George  L.  Wiley.  I  rcsido  in  Eliza¬ 
beth,  N.  .1.,  and  am  31  years  of  age,  and  am  now  As¬ 
sistant  General  Superintendent  of  the  Metropolitan 
Telephone  and  Telegraph  Co. 

2Q.  In  what  were  you  engaged  in  1877  and  1878! 

A.  I  was  Assistant  Superintendent  of  the  Gold  and 
Stock  Telegraph  Co.,  and  Superintendent  of  the  Now 
York  Private  Line  and  Telephone  Department  of  tho 
Gold  and  Stock  Telegraph  Co. 

3Q.  Are  yon  acquainted  with  Thomas  A.  Edison  ! 

A.  I  am,  and  have  known  him  since  about  1871. 

4Q.  What  early  knowledge,  if  any,  did  yon  have  of 
Mr.  Edison’s  inventions  of  telephones  ?  H 

A.  So  far  as  I  can  recollect,  theso  instruments  which 
I  hero  produce  are  tho  first  I  over  saw.  It  is  possible  I 
sow  others  earlier,  but  do  not  recollect  them. 

“  Wiley’s  Exhibit,  Edison  Receiver,  No. 

fiQ.  About  what  time  did  theso  instruments  come 
into  your  possession ! 

A.  I  received  the  receiver  October  lii,  1877,  and  tho 
transmitter  October  17, 1877,  which  fact  I  am  able  to  : 
establish  by  entries  in  books  which  I  have  here  present. 

One  of  the  books  which  I  now  produce  for  exam¬ 
ination  of  counsel  was  started  for  the  purpose 
of  keeping  a  record  of  this  particular  class  of  in¬ 
struments,  and  by  the  entries  therein  I  dotermino 
tho  aforesaid  dates.  On  October  15,  1877,  I  re-' 

I  received  transmitters  identically  tho  same  ns  this  trans¬ 
mitter  No.  10,  and  they  wore  numbered  23,  24,  25,  20, 


7  aiul  28,  which  fact  I  also  determine  uy  tnc  mm  uoua 
mt  I  cannot  toll  now  wliere  they  are.  1  had  receive, 
rom  Mr  Kdison,  botoro  the  date  of  October  15, 1877 
notlier  carbon  transmitter,  hut  it  did  not  work  entirol; 
atisfactory,  and  I  cannot  now  tell  exactly  what  it  m 

OQ.  Can  you  tell  generally  what  was  done  with  tlics 
arbon  transmitters  ? 

A.  I  worked  tlicso  instruments,  or  others  ot  the  sain 

0t _ that  is  to  say,  T  sent  transmitter  No.  23  anil  n 

civer  No.  25,  October  15,  1877,  to  180  South  street 
7ow  York,  one  of  our  branch  offices  that  «as  umnecto 
rith  the  main  offico  107  Broadway.  I  believe  I  worke 
hose  the  same  day.  Thcfc  instruments  worked  wel 
chile  in  adjustment;  they  had  to  ho  adjusted  frequently 
Chcso  instruments  were  kept  nt  the  i>lftces  named  air 
iscd  for  some  time.  I  am  unable  to  state  how  long;  i 
nay  have  been  a  month.  Many  of  our  men  tried  an 
iscd  these  instruments,  lu  comparison  with  tho  ma* 
.eto  telephones  that  had  before  been  mado  use  of,  tlics 
inrbon  telephones  were  louder,  but  not  as  clear. 

7Q.  hi  whoso  possession  have  these  instruments  yo 
lore  produce  been  ? 

A.  They  have  been  either  in  my  possession  or  at  tli 
dace,  No.  198  Broadwny,  where  our  company  had 
tore  room,  or  in  the  possession  of  the  party  liavin 
barge  of  the  offico  and  store  room  aforesaid. 

S  Q.  Did  Mr.  Johnson  have  any  such  telephones  i 
foil  here  produce,  from  yon  ? 

A.  He  did  ;  lie  had  receiver  24  nnd  receiver  27,  an 
iransmitter  24  and  transmitter  27.  He  borrowed  tliei 
with  tho  understanding  that  they  were  to  ho  used  i 
public  cxibitionB  about  to  bo  givon  by  him.  He  said  1 
ivas  traveling  nnd  going  to  give  such  exhibitions. 

9  Q.  Did  Mr.  Edison,  at  any  time,  imiko  for  you  . 
jjive  to  you  any  sketches  or  drawings  of  lib)  earhou  tel 

A.  Ho  did,  more  than  once,  nnd  I  prodneo  one  s 
here;  ho  mado  this  one  tor  me  in  my  presence,  on  Del 
ber  24, 1877. 

10  Q.  Did  ho  or  not,  accompany  tho  said  sketch  which 
yon  hero  produce,  with  any  explanation? 

A.  IIo  did,  with  considerable  vorbal  explanation;  ho 
gave  it  as  a  description  of  the  transmitters  received  on 
Octobor  15  and  17, 1877.  He  made  the  sketch  tlint  is 
marked  “  Edison's  Pressure  Relay,”  and  described  how 
by  a  variation  of  pressure  nt  tho  points  of  contact,  with 
tho  carbon,  tho  resistance  of  tho  circuit  was  increased 
and  decreased,  mid  stated  that  tho  carbon  telephone  was 
to  some  extent  an  elaboration  of  that  plan.  This  is  tho 
substance  of  his  statement.  The  lowest  liguro  under  tho 
part  marked  “  Pressure  Relay,”  showed  the  enrbon 
transmitter  corresponding  with  tho  instruments  that  I 
had  before  received.  II 

Sketch  referred  to  is  hero  offered  in 
evidence  by  counsel  tor  Edison,  marked 
“  Edison’s  Sketches  for  Mr.  Wilcv,  Oct. 
24,  1877.” 

11  Q.  Stato  who  made  tho  diagrams  or  sketch,  and 
who  wrote  the  dntes? 

A.  Mr.  Edison  made  the  diagrams  in  my  presence,  and 
I  then  dnte.l  it  in  two  places,  and  this  paper  has  been  in 
my  possession  ovor  since  until  it  was  produced  here  to 
day,  and  has  remained  unaltered  iir  every  respect. 

12  Q.  Have  yon  any  knowledge  of  tho  use  of  tho  Edi¬ 

son  Carbon  Transmitter  after  the  date  that  you  men 
tion?  jo 

A.  There  were  instruments  reeoived  from  time  to 
time  from  Mr.  Edison  and  from  tho  Western  Electric 
Co.,  nnd  tested  nnd  used,  nnd  I  find  from  entries  that  on 
June  29th,  1878,  two  Edison  Carbon  Transmitters,  with 
induction  coils,  were  placed  on  tho  lino  of  James  H. 
Banker;  this  was  in  the  department  of  tho  Gold  nnd 
Stock  Co.,  known  ns  tho  private  lino.  On  or  about  July 
23,  this  same  kind  of  Edison  Carbon  Transmitter  was 
sent  to  Charles  L.  Wright  &  Co.,  for  tlioir  private  line, 
and  our  records  prove  that  shortly  aftor  this  timo  tho 

“  Prescott’s  Exhibit  Edison’s  Mag¬ 
netic  Receiver,  No.  7.” 

"  Prescott’s  Exhibit  Edison’s  Mag¬ 
netic  Receiver,  No.  8.” 

“  Prescott’s  Exhibit  Edison  Trans¬ 
mitter,  brass  tube  with  month-piece  and 

“  Prescott’s  Exhibit  Edison  Iron  Dia¬ 
phragm  Receiver,  with  iron  bnso  and 

5  Q.  State  whether  or  not  the  exhibits  here  produced 
by  you  have  been  in  your  possession  or  generally  under 
lOfiC  your  oversight  ever  since  they  were  furnished  you  by  Mr. 
Edison  ? 

A.  Yes,  they  have  been,  and  no  alteration  has  been 
made  on  either  of  them  that  I  am  awnre  of. 

<i  Q.  So  far  as  the  instruments  Edison’B  Carbon  Trans¬ 
mitters  No.  S  and  10  arc  concerned,  state  whether  or  not 
they  were  practically  operative  instruments,  or  whether 
or  not  they  are  now  in  a  condition  for  use  after  adjust- 

A.  I  believe  that  they  were  operative  instruments, 
and  that  they  can  be  made  so  now  without  any  material 
change ;  that  is  to  say,  they  may  need  cleaning  and  ad¬ 
justment  to  restore  them  to  their  original  condition,  so 
that  they  can  be  practically  used. 

Cross-examination  waived  by  counsel  for  Bell  and 
1050  Blake. 


.  10,  1881,  at  oleven 

Monuay,  Jan.  10, 1881.  :  i'o67 
Met  pursuant  to  adjournment. 

Counsel  for  Edison  offers' in  evidence  copies  of  the  fol¬ 
lowing  patents,  most  of  which  have  already  boon  offered 
in  evidence,  but  which  an?  included  in  this  list  for  con- 



13,  1873 


12,  '873 



•3.  1875 


19,  1S75 


• 1 5 


6,  1S76 


11,  1877 




6,  1876 






16,  1876 


16,  1877 




16, 1876 


it,  1S77  . 




16,  1876 


10,  1876 

182,996  10S8 



19,  1876 




20,  1S77 


24,  1878 




20,  1877 


30,  1878 



28,  1877 


30,  1878' 




>3,  1877 

30,  iS78 




■3,  1877 


.3°,  1878 




7,  1S78 


3°,  1878 




3',  tS79 


25,  1879 


English  Patent,  No.  2,009,  July  30,  1877. 

English  Patent,  No.  2,396,  June  15,  1878.  “ 

Also  a  certified  copy  of  Edison’s  Caveat,  No.  73. 
Adjourned  to  Tuesday,  Jan.  11,  1881,  at  eleven.  - 


CiiAiti.Ki;  Batciiklok,  being  recalled,  in  answer  to  in¬ 
terrogatories  proposed  by  L.  W.  Sorrell,  Esq.,  deposes 
11s  follows 

I  Q.  Please  look  at  the  two  letters  from  Mr.  Edison 
to  Mr.  Orton,  heretofore  offered  in  evidence,  doted  Aug. 
31, 1S77,  and  Oct.  15,  1877,  and  state  wliat  instruments 
are  referred  to  in  them? 

A.  I  believe  the  pair  of  telephones  referred  to  in  let- 
tor  dated  Ang.  31, 1877,  are  not  here  produced,  but  were 
identically  the  same  as  tlio  drawings,  iigs.  1  and  2,  in 
Edison’s  English  patent  2,909,  dated  July  8(1, 1S77.  The 
two  which  he  refers  to  astlio  “  new  pair”  were  a  slightly 
different  design  in  the  ontsido  cnse,  hut  similar 
in  the  inside,  and  they  were  delivered  us  stated. 
The  instruments  roferred  to  in  letter  dated  Oct. 
15,  1877,  wore  similar  to  transmitter  and 

receiver  hero  present,  and  mnrked  Prescott’s  Exhibit 
Edison’s  Carbon  Transmitter  No.  8 ;  and  Prescott’s 
Exhibit,  Edison’s  Magnetic  Receiver  No.  7 ;  the  call  hells 
reforred  to  were  similar  in  design  to  the  drawing  shown 
on  exhibit  sketch,  142-12.  1  heliovo  these  instruments 

named  in  the  letter  were  all  delivered,  and  were  practi¬ 
cally  operative  instruments.  They  had  been  operated  in 
tlio  factory  before  they  had  been  sent  to  Now  York. 
I  recognise  “  Bentley’s  Exhibit  No.  4,”  as  one  of  the  in. 
strnmonts,  made  in  Mr.  Edison’s  shop,  and  sent  to  Mr. 
Bentley,  after  the  Carbon  Transmitters,  with  hard  rub¬ 
ber  cases,  bad  been  made.  This  iron  case  instrument 
was  made  about  Jan.  1878,  and  Mr.  Adams  took  sovcral 
of  them  to  Europe  with  him,  in  March,  1878.  I  recog¬ 
nise  the  four  carbon  transmitters  ■  produced  hero  by 
Mr.  Bentley,  as  instruments  made  in  Mr.  Edison’s 
shop,  and  sent  to  Mr.  Bentley.  The  hard  rubber  trans¬ 
mitters  were  made  during  November,  1877.  I  deter¬ 
mine  that  dato  by  Edison’s  Exhibit,  sketch  149-18,  ns 
said  drawing  represosonts  accurately  the  exhibits  pro¬ 

duced  by  Mr.  Bentley  with  hard  rubber  cases, and  marked 
Bently’s  Exhibits  Edison’s  Carbon  Telephone  Nos.  1  and 
2.  Tlio  instruments  produced  hero  by  Mr.  'Wiley,  and 
marked  Wiley’s  oxhibt,  Edison’s  Carbon  Telephone,  No. 

1(1.,  is  an  instrument  that  was  mndo  about  the  date  of 
the  letter  to  Mr.  Orton,  Oct  15, 1877,  ns  it  was  provided 
with  the  rubber  reforred  to  in  that  lettor,  and  I  believe 
was  sent  for  his  approval.  The  instrument  represented 
in  Edison’s  Exhibit  sketch,  121—12,  corcspunds  with  tlio 
carbon  transmitting  instruments  produced  hero  by  Mr. 

AViley  and  Mr.  Prescott,  with  the  exceptions  of  having 
handles.  Edison’s  Exhibit  sketch  1 19-12  represents  a 
rcccivor  similar  to  receiver  No.  7  and  S,  pro 
ducod  by  Prescott,  and  No.  33  produced  by  1004- 
AAMloy,  with  the  exception  of  the  handle.  The  instru¬ 
ments  produced  by  Prescott,  and  marked  “Prescott’s 
Exhibit, Edison’s  Iron  Diaphragm  Receiver,”  wnB  made  in 
Mr.  Edison’s  shop.  I  believe,  early  in  1870,  or  about 
the  middle  of  1870,  and  ns  far  ns  I  can  tell,  re¬ 
mains  unchanged.  It  was  used  ns  a  receiver  of 
musical  sounds,  such  ns  singing.  The  instrument  nmrked, 
“Prescott’s  Exhibit,  Edison  Transmitter,  brass  tubes 
with  month-piece  and  iron  base,”  was  made  in  the  early 
part  of  the  year  1877.  I  determine  this  date  by  Edi¬ 
son’s  exhibit,  130-11,  wliioli  corresponds  with  Edison’, 
Exhibit  Instrument,  130-1 1 .  and  also  by  Edison's  exhib¬ 
it  sketch,  11-12,  because  I  know  that  tlio  snid  instru¬ 
ment  produced  by  Mr.  Prescott  was  mndo  a  long  time 
previous  to  one  of  them  being  altered  to  an  instrument,  1005 
ns  shown  in  exhibit  sketch,  11-12.  This  instrument  is 
now  in  a  condition  for  transmitting  musical  sounds,  and 
has  been  sounded  on  numerous  occasions. 

Cross-examination  by  W.  D.  Baldwin,  Esq. ,  counsel 

for  E.  Gray. 

X-Q.  2.  Please  state  what  pecuniary  interest,  if  any, 
you  liavo  in  the  subject-matter  in  controversy,  and 
your  present  relations  with  Edison  regarding  electric 
telephony  ? 



A.  I  have  not  tl.o  slightest  pecuniary  int“rcst  i,!  ‘1'“ 
result  of  this  controversy.  All  the  money  that  I  have 
received  from  1  the  telephone  has  been  paid  to  n 
by  Mr.  Edison  for  work  that  I  have  done  on  tho  neces¬ 
sary  experiments  Under  his  direction. 

Cross-examination  waived  by  counsel  for  Bell  and 



Tho  Interferences  on  Telephones: 
Tnos.  A.  Edison, Elisha  Guay, 
A.  G.  Bell,  and  others. 

C  No.  1. 

N,  and 

New  Yoke,  Jan.  ,  1881. 

It  is  hereby  consented  by  and  between  the  counsel  for 
respective  parties  to  above  iinmcd  interferences  that  tho 
08  deposition  of  Charles  Batchelor,  taken  on  Jan.  12, 1881, 
behalf  of  T.  A.  Edison,  ho  considered  ns  tnken 

witirin  tho  timo  allowed  by  the  Patent  Office  for  taking  1009 
testimony  on  behalf  of  said  Edison. 

Oross-oxamination  waived  by  me :  J.  J.  S. 


Counsel  for  Bell,  Borlinor  &  Blake. 

For  Dolbenr. 

Attorneys  for  Gray.- 
GEO.  W.  DYER, 

For  Irwin  and  Voelkor.  107® 


1  Attorneys  for  McDonough. 

Intebffkenoe  on  Telephones 
Tuos.  A.  Edison,  E.  Gisay 
A.  G.  Bell,  and  others. 

New  York,  Jan.  10, 1881. 

In  tho  abovo  cases  it  is  hereby  agreed  that  the  evi¬ 
dence  of  J.  T.  Murray  may  bo  taken  at  any  time  beforo 
tho  closing  of  tho  ovidcnco  in  behalf  ot  A.  G.  Bell. 
This  arrangement  is  inode  in  consequcnco  of  tho  sickness 
of  said  Murray.  Au'd  it  is  understood  that  tho  conven- 

;  Cases  A  to  N,  and 
’  No.  1. 

i  1071 

032  ienco  of  counsel  is  to  bo  consulted  as  to  tno  timo  of  tak¬ 
ing  bis  evidence. 


Attorney  for  Bell  and  Blake. 

Attorney  of  Record  for  Richmond. 

Attorneys  for  McDonough. 


4  The  Interferences  on  Telephones:  -  ljf ^  ^  °  ’  ntl 

Edison,  Guay,  Bell,  Doi.nnAU, 

MoDonouoii,  Richmond,  Vokl- 
kee,  Ikwin,  and  Blake. 

Pursunnt  to  consent  it  is  hereby  stipulated  by  and  be 
tween  tho  counsel  for  the  respective  parties  to  ubovi 



.Joseph  t 



L.  W.  Skiiiiki.i,,  Esq.,  on  behalf  of  T.  A.  Edison. 

W.  D.  Baldwin,  Esq.,  on  lieluilf  of  E.  Gray. 

.T.  .T.  Sronuow,  Esq,  on  belnilf  of  Messrs.  Boll  and 


Joseph  T.  Muiihay,  being  duly  sworn,  deposes  and 
says,  in  answer  to  interrogatories  proposed  by  L.  W  Sor¬ 
rell,  Esq.,  ns  follows; 

1  Q.  Please  state  your  name,  age,  residence,  and  occu¬ 
pation  ? 

A.  My  name  is  Joseph  T.  Murray,  age  40  years,  resi¬ 
dence  Newark,  New  Jersey,  occupation  telegraph  instni- 

2  Q.  Are  you  acquainted  with  Thos.  A.  Edison  ? 

A.  Yes,  sir;  I  first  knew  him  in  January,  1870,  and 
up  to  the  present  time. 

3  Q.  Did  yon  ever  make  any  telephone  instruments 
for  him ;  if  so,  when  first? 

A.  lespl  made  experimental  instruments  for  Mr. 
Edison  previous  to  getting  an  order  for  100  instruments 
from  him. 

4  Q.  l’lcaso  look  at  the  telephone  instruments  hero 
present,  and  state  whether  yon  made  any  of  those  instru- 

A.  I  made  the  transmitters  and  receivers  which  liavo 
heretofore  been  produced,  having  wooden  cases,  and  they 
are  marked  “Prescott’s  Exhibit  Edison’s  Carbon  Trans¬ 
mitters  Nos.  8  and  10,”  and  the  two  receivers,  marked 
“Prescott’s  Exhibit  Edison’s  Magneto-Receiver  No.  7 
and  No.  8.” 

o  Q.  About  when  were  these  instruments  made,  anti 
how  do  you  fix  the  date? 

A.  I  lix  the  date  by  an  order  given  mo  by  Mr.  Orton, 
Soptcmbur  17, 1877,  which  is  noted  in  my  order  book 
lioro  present,  and  exhibited  to  counsel  ;  also,  from  orders 
given  by  Mr.  Edison  to  me  calling  for  changes,  and  by 
bis  foreman,  Mr.  Bntclielor.  I  produce  here  a  paper 
dated  Oct.  8, 1877,  referring  to  changes  that  were  to  bo 
made,  and  those  changes  were  made  by  me ;  and  one  of 
tlioso  changes  was  a  Hull-holder,  which  1  hero  produce. 

(Counsel  for  Edison  offer  the  paper  in  evi¬ 
dence  marked  “  Murray’s  Exhibit,  Oct. 
8,1877,”  and  the  device  referred  to 
mnrkcd  “Murray’s  Exhibit,  Edison’s 
flnffliolder.”  ) 


I  als  o  liavo  a  memoranda  of  alterations,  dated  Oct 
20,  1877,  which  I  was  ordered  to  make  by  Edison  him¬ 

0  Q.  "Wero  these  100  instruments  all  made  and  sup¬ 
plied  at  once,  if  not  in  what  manner? 

A.  No,  sir;  sometimes  in  pnirs,  and  in  different  num¬ 
bers  nB  they  were  called  for,  Mr.  Edison  usually  took 
them  over.  These  were  tested  and  slight  changes  made 
from  time  to  time  to  make  them  more  perfect.  These 
instruments  No’s.  S  and  10,  are  in  the  modified  form. 

The  changes  spoken  of  in  the  oilier  of  October  20, 1877, 
have  been  made  in  these  particular  instruments. 

(Counsel  for  Edison  offers  tho  paper  in  evi-  1083 
dcnce,  marked  “Exhibit  Murray  altera-  ! 
tions,  Oct.  20th,  1877.” 

7  Q.  Please  look  at  the  Exhibit  “  Edison’s  letter  to 
Mr.  Orton,  Oct.  lfi,  1S77,”  and  state  if  you  know  what 
tho  instruments  are  that  nro  referred  to  therein  ? 

A.  This  relates  to  the  sheet  rubber  that  we  used  in 
tlioso  telephones,  such  ns  Prescott’s  Exhibits,  No.  8  and 
IP.  I  had  rubber  diaphragms  and  had  to  supply  tho 
mica.  I  made  the  six  telephones  with  tho  call  bells  spo- 

letter.  Iliad  tlio  order  for  the  100  tele 
this  lottor  of  October  15,  1877.  Tlio 
ivere  made  from  time  to  time  wero  a  means 
tl.e  expense  of  these  instruments  above  the 

®e  instruments  that  wero  made  pursuant  to 
from  Mr.  Orton  what  device  was  made  use 
3  tl.e  tension  of  tl.e  electric  circuit  ...  the 

regulated  by  pressure  against  this  Huff 
, lingo  in  with  the  silk  fluff.  Mr.  bd.son  pu 
istrun.cnts  himself  and  adjusted  them,  1 
laco  ill  Menlo  Park. 

■ions  to  October  8, 1S77,  had  yon,  or  nol 
y  direction  for  the  mniuifactnro  ot  100  e 

inul  was* to  work  on  them.  I  know  this  fa. 
tement  that  is  made  on  the  Exhibit  Octobi 

.out  how  long  a  time  was  .  1  1 

order  of  100,  including  the  changes  that  we 
icier  the  instruments  more  perfect  ? 
irder  was  given  September  17, 1877,  and  tl 
he  instruments  wore  made  by  me,  and  so. 
Bred  from  time  to  time  to' Mr.  Edison;  t 
the  order  was  delivered  to  Western  Unit 
o  tension  regulator  was  tilled  by  Mr.  Ed.s. 
'U.uciits  were  all  delivered  by  me  with...  t 
...  the  reception  of  the  order, 
re  there  any  other  instruments  that  have  bi 
a  this  ease  that  you  manufactured  ?  _  _ 

;  this  instrument,  hero  marked  “  Edison  s,  180-11,”  wire  made  by  mo;  my  nn 
rout  of  it. 

Ibout  when  was  the  same  mado,  and  how 
.lino  the  time? 

July,  1877, 1  made  four  of  them.  I  am  . 
ino  this  date  by  a  drawing  which  1  hero  I 
cl.  drawing  is  dated  July  Otli,  1877,  and  1 

coivcd  it  about  July  lltli,  1877,  and  went  to  work  and 
got  these  instruments  out  as  soon  ns  possible.  I  saw 
tlieso  instruments  tested  in  tlio  Western  Union  Building. 

I  find  by  reference  to  my  order-book  that  tlieso  four  in¬ 
struments  wero  ordered  June  11,  1877,  and  shipped 
August  10, 1877. 

Drawing  ottered  in,  marked 
“Murray’s  Exhibit  Drawing  of  Instru¬ 
ment  110-11.” 

And  Murray’s  order-book  referred  to  in 
lust  answer,  suliuuttcd  to  Counsel  for 

13  Q.  In  wliat  manner  did  those  instruments  work’ 
and  what  were  they  adapted  to  do  ? 

A.  They  were  built  for  telephonic  purposes,  so  that 
two  persons  could  correspond  with  each  other  from  dif¬ 
ferent  places.  On  what  wire  they  wore  tested,  and  at 
what  distance  in  tl.e  Western  Union  Building,  1  can’t 
sav,  but  think  fro...  Philadelphia.  I  spoke  into  tlio 
mouth-piece  at  the  end  of  tlio  case,  the  dinpligram  being 
at  the  other  end  of  the  tube,  with  a  device  for  transmit¬ 
ting  clcetrie  pulsations,  and  when  receiving  a  message  I 
listened  at  tho  mouth-piece  and  turned  a  crank  on 
the  little  disk  at  the  side  which  revolved  the  small  roller 
at  the  left  hand  of  the  machine,  and  fed  along  the  chem¬ 
ically  prepared  paper,  The  friction  vibrating  the  dia¬ 

phragm  at  tho  side  of  the  case  to  reproduce  the  speech  p 
transmitted.  These  machines  wore  objected  to  on  ac¬ 
count  of  the  cost.  Thorc  was  no  other  objection  made 
to  then,  that  I  know  of. 

14  Q.  Do  yon  recognize  any  other  instruments  as  your 
make  ? . 

A  I  made  all  the  acoustic  instruments  that  wero 
practically  used.  The  experimental  instruments  he 
made.  1  recognize  “Edison’s  Exhibit,  Loose  Dia¬ 
phragm”  as  my  make.  I  mado  for  Mr.  Edison  eight 


istrnmonts  similar  to  Mr.  Edison’s  Exhibit,  Instrument 
i!)-13,  but  tlieso  instruments  were  rather  largor  ami 
otter  made. 

Adjourned  tor  ouo  hour. 

G.  L.  P., 

15  Q.  When  were  these  made? 

A.  I  find  by  reference  to  my  order  book  that  Jnnu- 
1-y  2,  1878, 1  received  an  order  for  the  telephones  re- 
orred  to  in  my  previous  answer;  the  order  was  for 
wolvo  (instead  of  eight);  T  made  twelve,  and  thesowere 
lelivered  February  11,  1878.  'l’iiese  instruments  were 
nado  to  hold  Edison’s  button  of  lampblack  carbon,  they 
vero  superior  instruments,  they  worked  practically.  I 
mow  they  were  practically  used  between  Hew  York  and 
Philadelphia  within  a  few  days  of  the 'time  they  were 
lelivered.  Mr.  Bentley  and  Mr.  Bachelor,  I  think, 
vero  at  the  other  end,  and  also  Mr.  Phelps,  Mr.  Orton, 
Hr.  Edison  and  myself  wore  at  Hew  York.  I  have 
•eason  to  believe  that  tliese  instruments  wore  ns  perfect 
transmitters  as  have  been  produced  liy  any  one  since 
that  time.  1  think  Mr.  Phelps’  son  was  with  us  at  tlio 
New  York  office.  These  instruments  were  of  the  class 
and  general  construction  shown  by  “  Edison’s  Exhibit, 
Instrument  149-13,”  but  were  larger  and  better  pro¬ 
portioned.  I  don’t  know  whcre.uiy  of  these  aro  now. 

Cross-examination  by  J.  J.  Stoiuiow,  Esq.,  counsel 
for  Hell  &  Blake  : 

10  xQ.  When  did  you  first  make  any  speaking  tele, 
phones  ? 

A.  I  bolievo  the  instrument  marked  Edison’s  Exhibit 
Instrument  130-11  ;  they  wore  ordered  Juno  11,  nnd 
shipped  August  10,  1877.  It  is  the  motophono. 

17  xQ.  And  tho  next  after  were  tho  100  ordered 
Soptcmbor  7, 1877,  wore  they  ? 

A.  Yes. 

18  xQ.  And  tho  next  were  tho  twelve  ordered  Janu¬ 
ary  2, 1878? 

A.  Yes 

10  xQ.  Have  you  over  niudo  any  others? 

A.  Ho;  oxccpt  that  lately  I  have  been  experimenting 
for  myself. 

20  xQ.  Please  look  at  “  Edison’s  Exhibit,  Loose  Dia¬ 
phragm,  September.  1S77,”  Ho.  97,  and  toll  mo  what  tho 
four  little  pieces  that  look  like  blnck  paper  stuck  on  with  ^ 
■  shellac  aro,  and  what  they  are  for  ? 

A.  Some  of  these  pieces  were  rubber,  on  some  in-  1094 
struincnts,  and  somo  pieces  of  thick  paper.  They  wore 
to  raise  the  diaphragm  oil  the  cores  of  the  uiagnot.  That 
was  the  way  of  adjusting  the  distance  between  tho  cores 
and  the  diaphragm  when  the  cavity  was  not  bored  quite 
deep  enough.  We  pnt  that  on  those  that  needed  it,  and 
did  not  on  those  that  did  not  need  it. 

xQ,  21.  Look  at  Prescott’s  Exhibit  Ellison’s  -Magnetic 
■Receiver  Ho.  8,  the  little  patch  shellaced  on  the  wood 
under  tho  diaphragm  in  this  instrument  appeal's  to  bo 
made  of  rubber,  was  that  put  there  by  you  for'the  same 
purposo  already  mentioned,  that.  ,s  the  adj  ,,.,t  ,..e..t 

A.  Yes. 

xQ.  22.  Plcaso  look  at  your  10th  X-answer;  I  under¬ 
stand  from  a  remark  you  have  just  made  that  beforo  1035 
June,  1877,  you  had  done  somo  experimental  work  for 
Mr.  Edison;  is  that  so  ? 


xQ.  23.  And  I  understand  also  that  the  experimental 
work  you  so  did  for  hint  beforo  June,  1S77,  was  on  his 
acoustic  telegraph;  is  that  so? 

A.  Yes.  r  find  in  my  order  book  tho  following 

"Dec.  1-1, 1870.  Six  acoustic  iiistrumoiits, six  torus, 
■o  forks  on  hnsos.” 

Before  that  another  order,  dated  Nov.  2,  If  70,  \V. 

.  Co.: 

“2  acoustic  instruments.” 

These  were  all  practical  instruments  to  be  used  on 
nes.  X  think  that  .is  the  first  of  my  permanent  work, 
it  I  did  experimental  work  for  Mr.  Edison  on  that  he¬ 
re,  of  which  1  have  no  account. 

xQ.  2-t.  Yon  and  Mr.  Edison  were  partno.s  in  busi- 

Cross-exnminntion  waived  by  Counsel  for  Gray. 

.1.  T.  MURRAY. 

I,  Geokoe  T,  Pinckney,  n  Notary  Public,  within 
ind  for  the  Comity  of  Kings,  (certificate  filed  in  N. 
Y.  Co.),  and  State  of  New  York,  do  hereby  certify 
that  tile  foregoing  depositions  of  Z.  F.  Wilber,  Jos- 
iuli  C.  ReifT,  Edward  II.  Johnson,  Robert  Spice 
Charles  Batchelor,  Geo.  M.  Phelps,  Jr.,  Henry  Bent¬ 
ley,  S.  M.  Plush,  Geo.  B.  Scott,  G.  L.  Wiley,  Geo 
B.  Prescott.  Jr.,  and  Joseph  T.  Murray,  were  taker 
on  behalf  of  Thomas  A.  Edison,  in  pursunnceof  flu 
notice  hereto  annexed,  before  me  at  14(1  Nassau  st. 
in  tlie  City  of  New  York,  in  said  County,  on  tin 
lOtli  and  lltli  days  of  December,  1880,  and  the  4th 
5th,  7th,  8th,  lltli  and  12th  days  of  January,  1881 
and  10th  dav  of  February.  1881. 

That  each  of  said  witness, ;ss  was  by  mo  duly  lOSi) 
sworn  before  tho  commencement  of  his  testimony ; 
that  the  testimony  of  each  of  said  witnesses  was 
written  out  bvmvsolf;  that  the  opposing  parties, 

E.  Gray.  A.  G.  Bell.  G.  B.  Richmond,  W.  L.  Voel- 
Icer.  .1.  11.  Irwin,  and  Francis  Blake,  Jr.,  were  pres¬ 
ent  liv  counsel  (lint  .1.  W.  McDonough,  and  A.  E. 

Doll, . .  did  not  attend  either  personally  or  by 

counsel)  during  the  taking  said  testimony 
That  said  testimony  was  commenced  at  10  o’clock 
A.M.,  on  the  lot ti  day  of  December.  1880.  was  con¬ 
tinued  pursuant  to  adjournment,  and  was  concluded 
on  the  10th  day  of  February.  1881;  that  I  am  not 
connected  by  blood  or  marriago  with  either  of  said 
parlies,  nor  interested  directly  or  indirectly  in  the 
matter  in  controversy.  1100 

In  testimony  whereof,  I  have  hereunto 
set.  my  hand  and  affixed  my  seal  of 
[t-.s.]  office  at  New  York  City,  in  said 

County,  this  11th  day  of  February, 

A.  D.  1881. 


Notary  Public. 


In  the  Matter  of  Interference 
Edison,  Dot.iiE.Mt,  Guay, 

Bki.i.,  McDoxotm.i,  Rich-  Cases  A  to  N  and 
’  T  No.  1.  , 

MONO,  VoKr.KKIS,  IltWIN,  1 

Blake,  Improvement  in 

New  York,  N.  Y„  April  22,  1881. 
Geo.  W.  Dyke,  Esq., 

Atty.  for  Irwin,  Volkers,  &  Richmond— 

StK'  Please  take  notice  that  on  Wednesday, 
April  87th,  1881,  commencing  at  eleven  o’clock  A. 



a[  ,,t  my  oliice,  140  Nassau  street,  New  York,  N. 
y.’  and  before  a  competent  officer.  I  shall  proceed 
to  take  the  testimony  <>r  the  following  witnesses,  its 
rebutting  evidence  in  hehair  of  said  T.  A.  Edison  : 

Charles  T.  Hughes.  Oil  Fifth  avenue  and  1).  W. 

Odiorne,  110  Walker  street.  Now  York,  N.  Y. 

Martin  Force.  Menlo  Park,  N.  .1. 

Ira  S.  Finch,  Albany,  N.  Y.,  and  T.  A. 

Edison,  of  05  Fifth  avenue.  New  York,  N.  Y. 

The  examination  will  he  continued  from  day  to 
day  until  completed.  Yon  are  invited  to  he  pres- 


Ally,  for  T.  A.  Edison. 

Service  of  a  copy  of  foregoing  notice  acknowl¬ 
edged  this  25th  day  of  April,  A.  I}.,  1881. 

GEO.  W.  DYER,  for  Voelker  &  Irwin. 

GEO.  W.  DYER,  A  tty.  or  Record  for  Richmond. 
FRANK.  L.  POPE,  for  Dolhear. 

,T.  ,1.  STORROW,  'Counsel  tor  Bell  &  Blake. 


Attys.  for  Gray. 

GRID  LEY  &  CO., 

Att  ys.  for  McDonough. 


Before,  Hon.  Commissioner  of  Patents,  in  the 
Matter  of  the  Interferences  on  Telephones': 

Edison-,  Bull,  IIlakk,  Guay, 
Dolbuai:,  Tuwix,  Rictt- 
moxij,  McDoxouon  and 

Deposition  of  witnesses  examined  on  rebuttal 
in  behalf  of  T.  A.  Edison,  nursuant  to  annexed  no- 

Cases  A  to  N  and 
No.  1. 

•  tices  at  the  olllco  of  L.  W.  Sorrell,  140  Nassau  street,  1 
New  York,  N.  Y.,  on  Wednesday,  April  27,  1881, 
at  elevon  o’clock,  A.  M. 

Prcsont : 

L.  W.  SERRELL,  Esq. 

On  behalf  of  T.  A.  Edison. 

W.  D.  BALDWIN,  Esq., 

On  behalf  of  E.  Gray 

J.  ,1.  STORROW,  Esq., 

On  behalf  of  Bell  &  Blake. 

Col.  G.  W.  DYER, 

On  behalf  of  Messrs.  Irwin,  Voelker  &  Richmond, 

Counsel  for  Edison  produces  the  original  “Trans¬ 
lation  by  W.  U.  Translator  of  Reiss  Telephone,” 
and  states  that  he  deems  it  proper  to  state  that  it 
has  become  injured  :  That  ho  furnished  it  to  C.  B. 
Menvin  for  the  purpose  of  printing  the  descriptive 
portion  ;  that  while  in  said  printers  hands  some  per¬ 
son  lmd  partially  cleaned,  apparently  with  rubber, 
the  sheet  on  which  the  pencil  sketches  were  made 
and  rubbed  out  some  of  the  lines  ;  and  that  he  had 
takun  the  affidavit  of  Mr.  Al,erwin  showing  that  this 
had  occurred  while  the  paper  was  in  his  hands. 
Counsel  makes  this  statement  on  the  record  so  that 
the  present  condition  of  the  original  may  be  ac¬ 
counted  for. 



of  tho  answer  was  objected  to  as  irrc 
sponsive,  ami  that  tlio  qiiostion  called 
for  Jlr.  Bell’s  opinion  as  an  expert 

with  relation  lo  a  contesting  instru¬ 
ment.  or  Mr.  Raison’s  not  referred  to 
in  Mr.  Bell’s  testimony,  and  tho 
character  of  which  it  was  Mr.  Edi¬ 
son’s  business  to  prove,  and  which 
he  had  already  introduced  in  testi¬ 
mony  upon,  and  that  tho  question  lo 
Mr.  Bell  was  intended,  not  to  dis¬ 
prove  his  case,  but  to  prove  Edison’s. 

Counsel  Tor  Edison  replies  that  the 
Cross  interrogatory  10  calls  attention 
to  the  fact  I  hat  the  wi  t  ness  had  not,  an¬ 
swered  the  question,  and  notwith¬ 
standing  that,  it  was  not  until  cross 
interrogatory  20  that  si  direct  answer 
could  be  obtained. 

is  not  correct.  The  telescopic  arrange- 
Edison’s  instrument  operates  in  fact  to 
diminish  the  volume  of  sound,  as  tlio 
honed  or  shortened.  Whether  the  in- 
iponds  forcibly  to  any  particular  sound 
r  1  could  only  determine  by  actual  ex- 
iVlial  I  do  know  to  be  the  fact  is,  that 
jlrumcnl  in  question  uny  and  all  tones 
irought  out. 

A.  Tho  experiments  which  I.  have  made  person 
silly  have  been  in  tho  direction  of  reproducing,  on 
theso  instruments,  sirtiuiilntu speech,  singing,  and  I 
Had  no  marked  difference  in  the  various  tones  used. 

In  tho  early  experiments  made  by  Mr.  Edison,  in 
whiuli  I  assisted,  my  receolleetion  is,  that  these  in¬ 
struments  failed  lo  respond  to  any  particular  tone 
exclusively,  but  gave  equally  well  all  tones.  These 
wore  tho  experiments  conducted  in  Mi'.  Edison’s 
Laboratory  at  Newsirk,  about  which  I  liavo  previ¬ 
ously  testified  in  these  interferences. 

4  Q.  Have  you  made  any  tests  with  either  the 
instrument  A.  or  A',  or  any  duplicate  of  either,  and 
can  you  demonstrate  whether  or  not  either  instill-  1X18 
meat,  A.  or  A',  is  capable  of  receiving  articulate 
speech  ? 

Same  objection  and  motion. 

Same  answer. 

A.  I  have  made  such  experiments  with  duplicate 
of  those  instruments,  and  am  prepared  to  demon 
strafe  here,  at  the  moment,  that  they  act  as  very 
good  receivers.  The  articulation  being  clear  and 

r,  q.  Now,  will  you  please,  for  the  information  of 
the  counsel  so  cornier!  the  instrument  A’,  and 
test  it  in  the  manner  spoken  about  i 


Same  objection  as  before,  and  further 
objection  that  tlio  counsel  are  neither 
judges  or  witnesses. 

I  have  connected  up  the  instrument,  Exhibit 
receiver,  with  an  Edison  Carbon  transmit- 
n.,,1  .,in,„iicrl|  in  a  very  damaged  condi- 
o  hold  tlio  diaphragm  i 

•,  and  find  it,  tilth 
ill,  it  being 

'<•  (lie  words  in  a  distinct  and  audible 
s  to  (lie  uirect.  of  tlio  length  of  the  tube 
1  bold  that  the  main,  and  perhaps  the 
hat  it  basis  to  lake  up  the  local  sounds 
and  echo  Ilium  back  on  the  ear,  thus,  in 
esl  roying  the  qniet.  that  is  of  importance 
liver,'  but  in  addition  to  increasing  the 
i.  the  tube  increases  tile  volume  of  the 
omuls,  so  that  the  proportion  of  one  or 
mains  about  the  same, 
arunen  No.  t  relates  to  “a  spring  forming 
me  electrode  of  a  circuit  of  a  telephone 
antly  pressed  against  the  other  electrode 
pliragin  to  maintain  the  required  initial 
letween  the  electrode,  and  yield  to  the 
t  of  the  diaphragm.” 
ii  made  any  experiment  to  determine 
not.  an  instrument  with  a  yielding  elec- 
best  form  for  general  business  purposes, 
it.  is  preferable  to  employ  a  rigid  elect- 
liectiou  with  the  diaphragm? 

Counsel  for  Youlker  and  for  Irwin  oh 
jects  to  this  question  and  whatever 
answer  may  he  made  to  it  upon  the 
ground  that  Yoelker  and  Irwin  first 
took  their  testimony  and  Mr.  Edi¬ 
son  subsequently  look  liis  testimony 
at  great  length  in  reply,  and  so  far 
as  relates  to  Yoelker  and  Invin,  this 
is  in  no  sense  rebutting  testimony  and 
objection  will  be  made  and  motion 
at  the  hearing  to  have  it  struck  out 
or  not  considered  so  far  as  relates  to 
Yoelker  and  Irwin. 

Counsel  for  Edison  replies  that  Messrs. 
Yoelker  mid  Irwin  have  still  op¬ 
portunity  to  take  their  rebutting  evi¬ 

dence,  if  they  desire,  and  that  Edi¬ 
son’s  rebutting  evidence  is  not  limit¬ 
ed  to  any  particular  time  or  subject, 
he  being  entitled  to  take  at  this  time 
any  rebutting  evidence. 

A.  I  have  made  very  exhaustive  experiments  with 
the  express  purpose  of  determining  this  point,  and 
have  satisfied  myself,  as  well  as  many  others,  that 
the  yielding  spring  is  not  only  not  required,  but  is 
an  actual  detriment  to  the  transmitter  itself.  The 
most  perfect  articulation,  combined  with  the  great¬ 
est- volume,  is  obtained  from  a  transmitter  with  an 
unyielding  support  to  the  carbon.  1  was  led  in  the 
first  instance  to  recover  the  ground  which  I  had 
already  traversed  with  Mr. Edison,  and  determine  for 
myself  whether  in  abandoning  the  yielding  spring 
Mr.  Edison  had  done  the  right  or  the  wrong  thing 
by  the  successful  introduction  of  transmitters  with 
yielding  springs,  and  the  frequent  expression  of 
opinion  which  reached  me,  that  the  yielding  spring 
arrangement  was  superior  to  the  nm.  yielding.  I 
became  interested  in  a  manufactory  of  telephones, 
and  was  ambitions  to  produce  the  best  form  of  Car. 
bon  Transmitter.  1  have  tried  upwards  of  fiOO  dif¬ 
ferent  arrangements  of  the  niei'lmiiieal  part  of  the 

transmitter,  and  have  invariably  failed  to  pmdnco 
anything  with  a  yielding  support,  at  all  conipnr. 
able  with  the  arrangement  finally  adopted  by  Mi. 
Edison.  I  mu  familiar  with  every  form  of  curlion 
trans.  tt  rinuse,  and  eat,  testify  with  t  U 
Mon  from  actual  experience  with  them  that  tl  c j 
fall  far  below  the  Edison  arrangement  in  the  cute 
function  of  a  telephone  transmitter,  viz:— 

To  reproduce  us  nearly  as  possible  in  clearness 
articulation,  volume,  and  quality,  the  voice 
•  speaker  without  suffering  derangement. 


>int  out  which  of  tile  exhibits  in 
nsiilor  to  be  the  most  perfect  for  tho 
unit  ting  nrtieuhite  speech  1 
rlteil  “Exhibit  Edison’s  Cnrbon  Tele- 
(|>age  oil  of  vol.  ‘ 1,  or  the  record.) 
libit,  Motophone,"  on  page  BIB, 
s  the  same  character  of  transmitter 
by  the  changing  or  the  adjusting 
back  of  the  transmitter  to  the  front 
phrugm  ;  the  object  of  this  change 
,  that  the  support  at  the  hack  of  the 
nf  being  upon  the  end  of  the  ndjust- 
il  lie  solidly  and  permanently  fixed 
lie  ease,  and  therefore  be  more  rigid 
died  to  the  screw. 

tlie  opportunity  of  more  readily  ad- 
intuining  the  adjustment  of  the  ili- 

itlcy  No.  page  530,  same  vol.,  is 
g  as  “  Edison’s  Carbon  Telephone 

to  let.  0,  you  speak  of  Mr.  Edison 
ichling  spring;  what  do  you  mean 
i,  and  wind  led  to  this  i 
s  earliest  form  of  transmitters  in- 
il  a  yielding  spring  in  some  form 
ut.  the  time  that  he  was  in  trod  lie- 
nn  to  the  attention  of  the  Western 
Company,  he  made  a  series  of  ex- 
•rniino  what  tension  of  spring  gave 
lie  soon  found  that  as  lie  in- 
ess  of  the  spring  the  results  be- 
iible.  This  led  liiin  to  gradually 
ion  until  he  had  made  one  in  a 
steel,  1-10  of  an  inch  square,  and 
urns  or  thereabouts.  This  he  nat¬ 

urally  considered  did  not  yield  to  the  vibration  of 
the  diaphragm  at  all,  and  as  the  results  were  so  far 
•superior  to  the  lighter  forms  of  springs  used,  he 
jumped  to  the  conclusion  that  a  rigid  support  was 
the  correct  thing.  An  experiment,  made  ill  it  few 
.  minutes  determined  this  unquestionably,  and  no 
'  experimentntion  yet  made  in  the  telephone  field  by 
any  one  has  resulted  in  the  production  of  a  trans¬ 
mitter  of  such  uniform  excellence  as  the  one  then 
and  there  made  on  this  principle.  The  principle  of 
the  carbon  transmitter  is  to  cause  a  compression 
upon  the  surface  of  the  carbon,  the  farce  effecting 

this  compression  being  sound  waves  set  in  motion  3130 
by  the  voice;  this  farce  is  necessarily  of  a  varying 
degree  and  or  a  limited  power.  The  first  require¬ 
ment  of  the  transmitter  is,  therefore,  that  Hus 
weak  farce  shall  produce  the  maximum  compres¬ 
sion  on  the  carbon,  and  thus  insure  maximum  vari¬ 
ation  of  the  resistance,  and  in  consequence  the 
greatest  volume  of  sound  in  the  receiver ;  it  may 
be  readily  demonstrated  that  with  a  given  force 
exerted  upon  a  noil-yielding  object,  a  greater  com¬ 
pression  is  obtained  than  when  the  i 
exerted  upon  a  yielding  object 
another  important  object  in  ha 

non-yielding,  it  is  this:  to  U . . 

speech,  it  is  as  necessary  that  the  electric  wave 
should  be  us  unbroken  and  continuous  as  tlic  sounii  u 
wave.  If  the  contact  between  the  platinum  anil 
carbon  points  or  surfaces  are  allowed  to  separate  for 
however  an  Inlliiitessinml  period  of  tinie.the  continu¬ 
ity  of  the  current  is  broken,  the  How  of  the  umuit 
is  interrupted,  and  the  sound  wave  is  not  repto- 
duced  at  the  distant  end.  Now  in  all  fauns  o£ 
■transmitters  having  yielding  supports,  this  into 
ruption  takes  place  whenever  the  sound  waves  fa  - 
iug  upon  the  diaphragm  attain  a  farce  beyond  that 
far  which  the  spring  is  particularly  adjusted.  The 
practical  effect  of  this  is  to  require  that  the  person 

/  Thei 

ii  Hie  instrument  shall  either  so  regulate 
nr 'lliu  distance  from  the  diaphragm  at 
speaks,  as  to  eiTeet  upon  the  (linplinigm 
ite  uniform  degree  of  pressure.  Failure 
results  inevitably  in  the  separation  of  the 
id  the  consequent  failure  to  transmit  llio 
derangement  of  the  instrument  also  re- 
i  such  separation  of  contacts  by  virtue  of 
ml  the  electric  spark  resulting  from  such 
elVects  a  deterioration  of  (lie  contact 
is  rendering  the  instrument  less  efficient 
limes  wholly  inoperative.  These  results 
nur  in  the  rigid  support  arrangement  de- 
dr.  Kdisou,  and  it  was  precisely  hecauso 
l  that  Mr.  Kdisou  abandoned  the  yielding 
d  adopted  the  rigid  support.  Wlnit  l 
the  word  “abandoned"  is  simply  that  lie 
apply  it  to  the  instruments  furnished  to- 

instruments  of  the  general  character  of 
transmitter,  and  instrument  such  as  Kdi- 
liliil  Carbon  Telephone,  wen;  presented  to 
•,  which  would  usually  be  selected  or  pre- 

ltlake  or  similar  mirhroplioiiic  arrange- 
lie  reason  that  there  is  a  certain  faeiiiation 
ng  at  nothing  particular,  and  still  having 
ids  transmitted  to  the  distant  listener, 
•re  is  an  aversion  against  speaking  into  i 
ieee,  as  if  speaking  into  a  speaking  tube 
cse  are  practically  the  requirements  of  tin 
ngenients,  the  lllake  transmit  ter  has  conn 
iiro  popular.  The  people  neither  know  o 
themselves  as  to  which  is  the  best  for  tin 
icssof  the  system.  Another  reason  why  (hi) 
come  into  more  general  use  Ilian  Kdisou’ 
lent  is,  that  by  the  consolidation  of  the  I  w 
us,  the  Edison  and  the  llell,  the  partio 
the  Hlake  arrangement  obtained  control 

(I  Q.  If  instruments  in  which  the  electrodes  a 

I  t  1  by  springs, 

such  as  the  so-call 

iko  instrument,  wore  oflVred  to  the  public  in  t 

ne  manner  as  the  Edison 

Carbon  Tinnsnutti 

liuli  otie  would  be  the  bo 
l-poses,  after  thorough  test, 

,  in  your  judgment ! 

A.  The  Edison,  unquestioi 

aahly,  for  the  runs 

nt  its  margin  of  adjustment 

,  is  so  great  that  a  ci 

I'saliou  may  be  carried  to  it 

s  conclusion  bulwe 

v  two  individuals  without  i 

regard  toanv  vanati 

the  strength  of  their  voices;  and  the  cum 

uu  such  transmit  ter  being  t 

io  much  stronger  tn 

mi  the  other  arrangement, 

sueli  as  the  ltlake,  t 

iislanrly  varying  electric! 

d  conditions  of  t 

res,  as  they  actually  exist  i 

n  practice,  are  alwn 

’actively  met  and  overcome. 

,  while  with  the  Bln 

i.V  slight-  adverse  conditio 

11  presents  all  effect i 

irrier  to  conversation.  The 

;  Telephone  Exelnii 

ini  it  1ms  tuniiinnlcd,  and  frequently  separate 

fo  talking  parties  ere  the  ei. 

mversatum  is  innsn 

I  I  Q  Will  the  tube  E,  in  1 

the  Bell  patent  ISti.i 

it  in  a  similar  manner  to 

the  tube  in  Kdisc 

xbibit  A  i 

Same  objeetioii : 

is  to  Iat.  2. 

Same  answer. 

A.  In  a  similar  manner;  tl 

lie  diameter  of  the  ti 

the  only  difference. 

,  ,  ,  t  - 

till)  statements  made  by  Mr.  Bell  tlmt 
islrnmeiits  could  he  used  us  transmitters 
l'ouitsns  now  arranged;  Tor  the  reason 
mo  not  capable  of  creating  a  current  ot 
length  to  overcome  the  adverse  condi- 
umly  existing  on  these  circuits;  such, 
ice,  as  the  inductive  effects  derived 
coutt  elegraphic  and  other  circuits.  It 
ins  fact  that  the  early  attempt  ot  Bell  to 
lis  magneto  telephone  for  exclmiice  pur¬ 
ge  cities,  as  well  as  all  subsequent  ot¬ 
her  parties  to  do  the  same  thing,  have 
ml  failures.  No  success  approaching  a 
lianictcr  was  made  until  the  carbon  trans- 
re  adopted. 

ers  of  the  Edison  carbon  instruments 
rst  to  make  a  practical  and  commercial 
telephonic  exchange,  and  their  success 
the  owners  of  the  Bell  magneto  device  to 
t  for  and  ultimately  bring  into  use  a  car- 
one  transmitter,  vis  :  The  so-called  Blake 
nt.  From  that  time  their  efforts  to  es- 
dianges  have  been  crowned  with  success, 
experience  lias  been  had  by  curtain 
rties  who  modified  the  magneto  a ppa ra¬ 
il  way  as  to  render  it  much  more  effective 
lismitter  than  Bells,  and  who  made 
airy  efforts  to  introduce  it  in  the  Oity  of 
in  England.  In  the  City  of  Paris,  owing 
irticulnrly  favorable  conditions  existing 
iiodicum  of  success  was  obtained.  Else- 
i  thing  was  a  conspicuous  failue.  The 
instruments  create  and  transmit  to  flic  line 
currents  by  the  motive  power  of  the  voice 
[ion  the  diaphragm,  and  are  necessarily 
i  the  effectiveness  ot  such  power, 
rboii  transmitters  simply  control  currents 
e  generated  in  a  battery  in  the  ordinary 
and  by  a  variation  of  the  conductivity  of  s 

,  in  one  of  exceedingly  lug! 
ngtli  very  much  in  excess  o 
Is.  Tile  proof  of  the  superb 
f  of  the  battery  currents,  is  l 
,  that  they  are  in  universal 
y  rare  to  lind  a  magneto  use 
reut  generator  or  traiismitt 
orious  to-day  to  all  users  of 
a  the  carbon  transmit  ter  is  In 
conversation  at  all  time  stiflii 
lieient  denial  of  Mr.  Bell’s 
-nolo  could  be  used  on  tl 
st.  A  magneto  iustriiuu 
-etizeil,  is  very  much  in 

lie  fact  that  the  steel  eonipo; 
gnet  is  necessarily  surehago 
ich  surplus  is  not  unlike  a 
lor,  as  when  its  edges  have  l« 
ter  raised  above  their  level,  a 
el  will  cause  the  extra  iiingne 
ape  precisely  as  a  similar 
aid  discharge  the  surplus  e 
I  it  is  apparent  that  when  sm 
a  transmitter  and  is  eunstan 
ilccuhtr  disturbance  produce" 
nation  ot  the  diaphragm  uml 
the  voice,  an  effect  precisely 
;  the  magnet  with  a  hanini 
iult  being  a  very  decided  los; 
onsequent  loss  of  effect  iveue 
itor  or  transmitter.  This  is 
j  fact  that  magneto  tint 
much  better  results  than  a  li 
a.  The  statement  that  “  If  i 
inenls  now  in  use  as  receivers 
from  the  circuits  where  they 
the  whole  telephonic  to . . 

vinnco  witli  the  rafts,  that  l  fail  to  underslnm 
,w  it  could  have  been  made.  In  point  of  fact,  all 
at  would  be  required  in  case  of  such  removal, 
ould  lie  to  substitute  the  motogrnph  receiver  ol 
r.  Edison.  The  proof  of  their  efficacy  as  «w»i* 
■s  lies  in  the  fact  that  a  compiiny  was  formed  in 
lighted  for  the  introduction  and  pmetical  use  ol 
ist  such  an  arrangement  as  this  substitution  would 
lake,  and  many  hundred  of  these  instrument, 
ere  practically  operated,  and  in  such  an  ellicion 
nd  satisfactory  manner  as  to  constitute  the  ex 
images  using  them,  the  most  effective  of  any  a 
et  in  operation  in  England,  or  as  rams  I  know  it 
ins  country,  and  were  1  in  position  to  make  use  o 
hem,  with  Mr.  Edison’s  Carbon  Transmitter,  I  d 
lot  hesitate  to  say  that  1  coaid  speedily  create 
oinpetitor  to  the  present  system,  wliieli  would  i 
i  very  brief  time  outgrow  in  proportions  and  in  el 
iciency  flint  which  Mr.  Bell  tesliiies  would  becom 
Unorganized,  if  the  magneto  was  removed,  and  i 
loing  so  I  would  not  use  a  single  magneto  receive 
Mr.  Bull  must  be  aware  .of  these  facts,  as  in  tli 
Pooling  of  the  Edison  and  the  Bell  Companies,  i 
England,  his  associates  gave  to  the  Edison  Co 
which  did  not  use  a  magneto,  £115,000.  -A  considc 
ation  of  tins  character  would  hardly  be  paid 
a  “disorganized”  and  inoperative  competitor. 

Adjourned  to  Thursday,  April  2S,  1881,  at 
o’clock,  a.  M. 

14  Q.  Is  nny  such  dilliculty  likely  to  arise  in  t 
Edison  Curboii  Telephone,  ir  not,  why  not  t 

Same  object ion  ns  lo  Int.  2. 

Same  niiswor. 

A.  No.  For  I ln.‘  reason  that  the  electrodes  him 
separate,  tlmro  ran  therefore  lii-  no  spark  to  to 
this  oxide,  hesiiles  wliiidi  the  snrfaees  in  rout 
an?  so  much  larger,  that  oven  in  case  or  inipro] 
adjustment,  permittiiij'  of  a  separation  oT  t he  el 
trades,  Ihoro  would  not  lie  sulliemnl  etroctat  any  < 
point:  lo  proditee  an  oxide. 

la  Q.  Referring  to  the  various  telephones  t 
have  been  made  by  Air.  Edison,  front  time  to  tii 
commencing  with  his  use  of  plumbago  njn.ii  an 
stone,  anti  going  through  the  various  instruine 
employed  by  him  in  which  the  electrodes  have  b 
carried  by  springs,  and  springs  have  been  appl 
between  the  diaphragm  and  the  carbon,  si 
whether  or  not  the  carbon  itself  has  performed 
same  duty  in  connection  with  the  electric  cirt 
from  the  first  to  the  last '! 

Objected  to  by  counsel  for  Mr.  liell 
not  relating  to  matter  competeli 

Counsel  for  Edison  replies  Ilia  I-  tin 
la  live  merits  of  the  dilVercut  ins 
meats  could  not  he  shown  until 
character  of  each  had  been  showi 
the  direct  evidence:  neither  conk 
differences  in  the  modes  of  opera 
be  pointed  out. 

A.  Precisely  the  same,  the  principle  upon  w 
actirhon  telephone  operates  has  not  changed,  sit 

•fold  effect  is  j»ro- 
tntioli  of  the  power 
5  is  lost,  and  tlio 
I.  magnet  of  50  is 
if  coal  rary  polarity 
■lii-ngm  salijccl  to 

decided  react  ioi 
f  tlie  current  in 
:  rising  from  z 

direction,  with  the 
e  continuity  of  the 
eel  of  this  break  in 
diaphragm  of  the 
nil,  for  the  reason 
•-incident  with  the 
rarifaetion  in  the 
rrefore  mutilate  the 
e  receiving  iiislrn- 
it  entire,  or  by  the 
or  false  vibration, 
we  therefore  have 
eiving  diaphragm 


Adjourned  subject  to  the  witness  be¬ 
ing  recalled  [or  cross-examination  by 

counsel  for  Bell. 

GKO.  T-  riNGlvNKY, 

Ol'l'tcr.  OF  h.  W.  SKKltKLI., 

140  Nassau  St.,  New  York,  N.  Y. 
Wed.,  April  27,  1881. 

3.  Ivixcu,  being  duly  sworn  deposes  and 
answer  to  interogatories  proposed  bv  li,  \Y. 
Esq.,  as  follows : 

Please  state  your  name,  age,  residence  and 
l  ion  2 

[y  is  Ira  S.  Kiacli ;  1  reside  at  Albany} 

,,rk;  occupation,  Telegraph  Suiierintenilent, 
•s  of  age. 

State  about  bow  long  you  have  been  in  that 

'wo  years  for  the  New  York  Central  K.  11.  Co. 
In  what  business  were  you  engaged  in  be. 

'elegrapli  operator  and  oliice  inspector. 

What,  if  anything,  have  you  lmd  to  do  with 
ones,  and  where ! 

[  was  superintendent  of  the  Commercial  Tele- 
Company  of  Albany  from  .lane,  1879,  until 
ary,  iSS<>.' 

What  instruments  were  used  by  the  Cone 
il  Telephone  Company  while  you  noted  as  its 
lit  cadent  2 

>(i  x-Q.  Wlicn  did  yon  lii-st  li*ll  Mr.  Hughes  Hint 
ii  hiiil  this  alleged  conversation '( 

V.  1  did  not.  toll  Mi'.  Hughes  niiytliinjf  about  il. 

>7  x-Q.  WIiimi  iliil  you  lirsl  loll  anybody 

OkI-II'K  III'  L.  W.  SKItliBI.1..  I 
[)  Kassil i ■  street.  Sew  York,  N.  Y„  } 
Thursday,  April  SS,  1881.  } 

IV  Huoiies,  being  duly  sivorn,  depose: 
answer  to  interrogatories  proposed  In 
1,  Esq.,  eonnsel  for  Mr.  Edison,  as  fol- 

A.  Charles  T.  Hughes,  31  years  of  age;  lesi 
lunee,  Sew  York,  N.  Y‘. ;  oeuupation,  purehasinj 
igent  for  T.  A.  Edison. 

2  Q.  Have  you  made  any  experiments  to  tes 
vhcther  or  not.  the  instruments,  Edison’s  Exhibit 
V  anil  A',  are  eii|)able  of  praclieal  operation,  am 
T  so.  what  did  you  dot 

A.  On  the  night  of  March  Sfitli,  1881,  with  Marti 
Force  I  tested  the  instruments,  Edison’s  Ex.  A  an 
A  ',  and  found  them  elliciont  both  as  trunsmittci 
i  nd  receivers.  I  placed  them  on  a  metallic  oircu 

a  battery  between,  and  talked  into  ono  with 
e  listening  to  the  other,  and  then  listened  while 
e  talked  from  the  other  end.  This  took  place 
o  laboratory  at  Menlo  Park,  from  the  extreme 
.  end  up  stairs,  to  the  extreme  rear  end  down 
^  in  thu  chemical  laboratory,  with  two  doors 
il  between.  We  could  hear  talking  quite  plain- 
lso,  called  Francis  .lelil,  who  both  talked  and 
led.  I  heard  him,  and  he  me.  I  tried  the  in- 
limit,  exhibit  A1,  as  a  receiver  in  connection 
a  carbon  transmitter  and  got.  talking  perfectly 
Have  you  ascertained  whether  or  not  the 
on  Carbon  telephone,  corresponding  to  “Wiley’s 
bit,  Edison’s  Carbon  Telephone  No.  10,”  oi 
■seott’s  exhibits,  Edison’s  Carbon  Transmit 
No.  S  and  10,  are  capable  of  use  at  the  present 
!  and  if  so,  state  what  was  done  ! 
r  have,  on  April  SO,  1881,  with  Martin  Force 
tell  three  telephones  corresponding  to  lliesi 
bits,  between  the  laboratory  and  the  ollicc  at 
In  Park,  without  induction  coils,  and  with 
gneto  receiver,  and  found  them  to  be  efficient 
ting  instruments. 

3.  Please  state  what  character  of  carbon  was 
e  use  of  in  those  instruments? 

1  have  the  instruments  here  present, and  ii 
two  Nos.,  13  and  St),  silk  lliilf,  with  plmnlwgc 
ied  into  it,  and  in  instrument  No.  OS  was  placed, 
no's  of  silk  cloth  rubbed  with  plumbago.  T 
e  was  any  difference  in  them  it  was  linn'll j 
L'cnblc.  They  worked  satisfactorily  as  trims 

:  of  the  hibomtoi 
been  disturbed  sii 
n’t  know  for  how 

q  i„  these  tests  of  the  Kdison  ami  so-called 
* instruments  over  long  linos, as  spoken  ahout, 
on  discover  any  difference  in  the  operations  of 
wo  instruments  ? 

]„  using  the  Blake  transmitter  between  Ecu 
:  :„ul  Kli/Jibelh,  I  could  only  use  it  under  the 
;  favorable  circumstances ;  ir  there  were  any 
ction  of  any  kind  I  could  i 

s  the  induct 

■'extent.  Thu  articulation  in  the  Kdison  ii 
nenl  was  always  good,  no  matter  how  loud  yt 
ied  into  it.  In  the  trial  between  Elizabeth  ai 
ton.  1  could  not  use  the  Blake  at  all. 

Q.  Do  you  discover  any  dilliciiltios  arising 
Edison  instrument  in  connection  with  the  to 

.°None  whatever.  I  myself  would  not  use  an; 
lament  but  the  Edison  as  long  as  I  can  gi 
m.  With  the  Edison  instrument  you  can  eithi 
.  j()W  01.  i(n,d.  My  subscribers  have  the  pnvi 
■  of  talking  over  the  Metropolitan  Distrii 
ougl,  niv  office,  and  in  many  cases  daily  Hill 
v  lnve  trouble  in  distinguishing  wlmt  is  said  li 
parties  they  call  for  on  the  Blake  transmittc 
.,nses  from  the  parties  who  use  them  w 
king  in  the  same  tone  of  voice,  or  in  the  to, 
,t  the  instrument  is  adjusted  for.  I’arlies  m  tl 
,t ropolitnn  circuit  have  no  trouble  in  hearing  n 
iscribers,  who  all  use  the  Edison  insliumci 
3  have  no  trouble  in  communicating  with  su 
•ibers  in  the  Metropolitan  District,  we  using  t 
lison  transmitter,  if  there  is  no  trouble  with  t 
io  itself.  . 

).  W.  ODIORNE. 

L>r  for  your  own  exchange,  nnil  thou,  ns  nil  ill 
ivo,  express  your  willingness  In  relnin  mill 

A.  I  niiulu  n  liiueli  lower  proposition  to  the 
ulephiines,  in  wliieli  I  think  l  stilted  I lmt  I 
like  file  UlnUo  tiiinsmitter.nnil  Hull  receive 
iiount  myself,  or  would  retnin  the  present  i 
nenls  t  lint  I  huil. 

'Mi-reel :  By  L.  W.  Sen-ell,  Esq.,  Counsel  fi 

10  It.  I).  Q.  In  Iho  proposition  to  the  Meti 
nn  Co.,  wns  nny thing  siud  about  the  Edison  i 
nunt,  or  nny  preference  for  Hint  over  the  Bln 

20  It.-IJ.  Q.  Did  you,  in  your  proposition, 
my  provision  for  the  removal  of  the  Edison 
mints!  uml  why  did  you  make  tin:  propnsi 
lake  the  lllnke  instruments! 

A.  There  was  no  provision  iniido  for  the  n 
if  the  Edison  instruments :  my  only  reason, 
proposition  to  use  the  lilalie  i  list  rumen  I. 
reduce  my  rental  one-third,  and  I  anticipate! 
if  they  accepted  my  proposition,  they  would 

Metropolitan  Com  puny  more  royalty,  and  1 
perhaps, get  the  Blake  upon  the  terms  of  my 
sition,  which  would  answer  my  district,  us  do: 
is  being  within  it  radius  of  one  half  mile. 

21  It.  x-Q.  Do  you  seriously  mean  to  swei 
the  Edison  instruments  cost  the  Metropolit 
more  royalty  than  the  Blake ! 

A.  T  do  not ;  in  my  last  answer  I  meant  to  say,  1219 
if  l  did  not,  that  I  was  under  that  impression  ;  I  do 
not  know  what  royalty  they  pay  for  oithor. 

D.  W.  ODIOltXH. 

Statu  ok  New  Yoiik,  1  u  . 

County  of  New  \ork.  I 
I,  George  T.  Pinckney,  a  notary  public  within  and 
for  the  Comity  of  Kings,  (certificate  hied  in  New 
York  County!,  and  State  of  Now  York,  do  hereby 
certify  that  the  foregoing  depositions  of  Edward  U. 

.Johnson,  Ira  S.  Kincli,  David  W.  Odiorne,  and 
Charles  T.  Hughes,  were  taken  on  behalf  of  rhomas 
A  Edison  on  rebuttal,  in  pursuance  of  the  uot.„eB 
hereto  annexed,  before  me,  at  140  Nassau  street  in 
the  City  of  New  York,  in  said  county,  on  the  2Ttu,  122 

28th  and  20th  days  of  April,  1881. 

That  each  of  said  witnesses  were  by  me  duty 
sworn  before  the  commencement  of  his  testimony ; 
that  the  testimony  of  each  of  said  witnesses  was 
written  out  by  myself;  that  the  opposing 
E  Gray,  A.  G.  Bell,  G.  B.  Richmond,  AV  .  L 
Voelkers,  .T.  H.  Irwin,  and  Francis  Blake,  jr.,  were 
present  by  counsel  (but  that  J.  AV.  McDonough  and 
A.  E.  Dolbear  did  not  attend,  either  personally  or 
bv  counsel)  during  the  taking  of  said  testimony. 

That  said  testimony  was  commenced  at  eleven 
o’clock  a  m.  on  the  27th  day  of  April,  1881,  and 
was  continued  pursuant  to  adjournment,  and  con¬ 
cluded  on  the  29th  day  of  April,  18S1 ;  that  I  am  ^ 

not  connected  by  blood  or  marriage  with  either  of 
said  parties,  nor  interested,  directly  or  indirectly ,  in 
the  matter  in  controversy. 

In  testimony  whereof  I  have  hereunto 
set  my  hand  and  affixed  my  seal  of 
Tskai  1  office,  at  New  York  City,  in  said 

[  3  county,  this  30th  day  of  April,  A.  D. 




VOL.  2. 

I  VI)  EX. 

noil  April  27,  1877, 
"  .1  iil.v  20,  1S77, 

“  Soji.  «,  1877, 

“  Due.  13,  1877, 

"  Dee.  2*1,  1S77, 

No.  130 . 

“  111 .  K 

“  111 .  *>( 

“  M5 .  2( 

“  «8 .  81 

Edison  s  drawings  from  folio  1),  made  liehveen  Nov.  in  amt  Dec.  20,  lS7f>. 

“  "  ll'*  "  “  .Inly  0  mul  Oct.  12,  1S70.. 

*  “  “  “  II,  “  u  ,  lun.  20  and  June  20,  1877. 

“  “  “  12,  “  “  July  1  anil  Sop.  30,  1877. . 

“  “  “  “  18,  *‘  “  Out.  2  and  Dec.  29,  1877. . . 

“  “  “  “  14,  marked  109—1*1 . 

“  “  “  “  15.  on  which  no  dates  were  placed . 

Drawings  made  by  Mr.  Iidiwn  while  testifying,  viz. : 

Edison's  Illustration  Diaphragm  and  Rubber  Tube  Dampener .  olio 

Exhibit  Edison’s  Spring  lingers,  August,  1877 .  f,0i 

Edison’s  Exhibit  Magnetic  Motogmph  Telephone .  50° 

Edison’s  Exhibit,  01— 13  additional .  '  '  5U3 

Cover  for  Exhibits . . . . . . . . . . . . . . . . 

Journal  of  the  Telegraph,  April  1(5,  1878 . . .  fiOO 

Order  for  Caso  No.  130 . . . . . t' '  \  ’  jqs 

Translation  by  \V.  U.  Translator  of  Iteiss  Telephone  (drawing  atid  text)  COO 

Acoustic  Telegraph  (2  shouts . . . . . 510  and  fill 

Depolarization  of  Batteries . 

Cup  anil  Curium,  112-1 

"  Musical  Telephone,  Sept..  IS77 .  "  _ . 

Exhibit  I  nsi  in  men  1  ll-ll,  p,.|,.  17,  187?!.*!'.*.* . 

I^i'we  l)iaplnnKm>  Sept.,  1877 . 

!;  "  Telephone  Relay,  fiS-l  1 . .!!.!.! . 

,!  “  Three  Spring  Electrodes,  Oel.,  IS77.  .. . 

“  liistrninenl  130-11 .  . 

!!  “  “  20-13,  Oel.  17,  is7?!!!!  !! . 

“  I)inphi-.igiu  17-111 .  . 

ICJi-12 . . . 

Instrument  33-1;} . 

4  'it- l:i,  .\'ov.  r,,  1877 . 

•Arth'iilathi"  Transmitter,  On  ,  IS77 

Weighted  Klectroiles .  . 

"  “  Instrument  Iu2-i:t . . 

„  !!  “  113-13,  Nov.  10.  |g77 . !.!!!. 

.,  ,,  “  121-18,  Nov.  SO,  1877 . 

..  l4  “  1 17-18,  Nov.  10,  IS77 . 

o  .  "  MM3,  Nov.  2(1,  1877 . 

„  I^»c(J",|iltiuK„i  ,„„i  spring . .  . . 

"  “  Mica  Diaph'tiain.. .  . 

Mumiy  s  K,liSon,s  Fluir  Holder!!!!!.' .  ‘ 

Ren  I  ley  h  Exhibit  Kdis.m'.s  Carbon  Telephone  No.'  i ! ! ! ! ! !.'  \ 

"  o  ..  “  "  No.  S,  Mull,  2d,  1878..  I 

..  „  „  |  “  No.  3 .  , 

Wiley’s  Exhibit  Edison’s  Carbon  Telephone  Sal  J.* ! ! ! ! ! ! *  j 

Prescott's  Exhibit  aiirnSZteBct^VniliVi. .  [ 

Edison’s  Exhibit  Carbon  TeS^"’ Tnnmlttw  8 »» .  « 

’•‘Ellison's  Pressure!  lielny,”  Journal  of  t ln.>  Toll 
f’ji,  page  Kill;  Srinntilie  Amoririiii  .Siipploniont,  A 
'Telephonic  Invomions—  Description  of  the  Invci 
tiny  mill  Edison, ’’ in  Philadelphia  Press  ,lnlv  1), 
f  I  III!  Telegraph,  Now  Void;,  ,|  uly  10,  1877, ...... . 

Tim  Edison  Telephone,”  in  die  Siindnv  Trnjmi,  Tn 

opt.  2,  18*7 . " 

Tin1  Telephone  Coneori,”  in  the  Chesier  ( I’ennsi 

i|T  .V«»:s,  Sept.  28.  1877 . " 

Programum  of  Cirnnd  Exhibition  of  Edison's  Telo| 

S77,  a!  die  Tabernacle,  Jersey  Oil  v . 

Tesdn-  die  Telephone,”  in'  die'  Diiily  Gmjilde’ ' 
tieinns  llefore  Seienee,”  in  die  Washington  Po> 

pi.  Ill,  1878  . 

The  Telegraphic  .lournnl,”  .Inn.  1,  ISi's.'piigol 
\endemy  of  Seienee,”  in  New  York  Daily  Tril 

Telegrnph  mid  Telephone,”  “in  'die  ilniiv’  Grnpl 

oS  . „ .  '  1 

Scribner’s  Monthly  ”  for  April',  1878.  pn-es  Sril'l 
i’hilndelphin  Inquirer,”  account  of  Entertainment 

Music,  Aid.  10,  1878  . 

nininent  nt  Tweddle  Hull.  Sep.  0,  IS77. . . .  . . 

d  Franklin  Institute,  pages  200  (0  20!). ..... ... 

one  Hand  Hook. 




Tills  to  certify  that  the  annexed  is  a  true  copy  from  tho  tiles  of 
this  ollico  of  tho  tile  wrapper  and  conlonts.  in  tho  matter  of  the 
application  of  Thomas  A.  Edison,  ass’or  to  Western  Union  Tele¬ 
graph  Company,  tiled  April  27,  1877 ,  for  speaking  telegraphs. 

In  testimony  whereof,  I,  W.  II.  Doolittle,  acting  commis¬ 
sioner  of  patents,  havo  caused  tho  seal  of  tho  Patent  Ollico 
[kk.u.]  to  bo  hereunto  allixcd  this  twenty-ninth  day  of  December, 
in  tho  year  of  our  Lord  ono  thousand  eight  hundred  and 
seventy-nine,  and  of  tho  independence  of  tho  United  States 
the  one  hundred  and  fourth. 


Acting  Commissioner. 

To  tiik  Ilo.xoit.uii.K  Commission  Kit  of  Patents: 

Your  petitioner,  Thomas  A.  Edison,  of  Menlo  Park,  in  tho  county 
of  Middlesex,  nml  Slate  of  New  Jersey,  prays  that  letters  patent 
may  he  granted  to  the  Western  Union  Telegraph  Company  of  tho 
city  and  State  of  New  York,  as  his  assignee  for  die  invention  of  an 
improvement  in  speaking  telegraphs  (ease  No.  130),  set  forth  in  tho 
annexed  spucilicntion. 

And  further  prays  that  you  will  recognize  Lemuel  W.  Sorrell,  of 
tho  city  of  New  York,  N.  Y'.,  as  his  attorney,  with  full  power  of 
substitution  and  revocation,  to  prosccutu  this  application,  to  make 
alterations  anil  amendments  therein,  to  receive  the  patent,  and  to 
transact  all  business  in  the  Patent  Ollico  connected  therewith. 


Nkw  yuan,  N.  V.,  April  IS,  18". 


Citv,  Cou.vrv  AND 
State  of  New  Yoiik,  ss. 

On  this  eighteenth  day  of  April,  in  tho  year  one  thousand  oight 
Imndrud  and  seventy-seven,  hoforo  tho  subscriber,  a  notary  public 

Ill  Hint  liu  verily  believes  himself  |» 
ir  of  Hie  'villiin  described  improve, 
il  Hint  lie  does  not  know  nnil  docs 
ver  before  known  or  lined.  that 
yim'  '"l(l  "  resident  of  Muni,,  |*.,r|C- 

I  year  nliove  wriilen. 

CIko.  T.  I'i.vcknkv, 

jYolary  Public, 

A-_  of  Menlo  Park,  i„ 

of  Xi'U-  Jersey,  Imve  invented  an 
l,lH>  °r  'vliiclt  the  .following  h  ., 

J  10  °l,ora,«  »*v  sound,  and  the 
i  employed  (o  open  and  close  mi 
'•Is  or  I  indies  following  the  law 
'  "f’  ,lu!  »«"•«  . . .  Io  eliaii'OM 

1,1  telegraphs  dial  ;,iv  in- 
r,l'f*  tllm'  ii  <1  dillieiiltv  uiisin- 
uttered  in  one  key  or'  tone  or 
sliuct  and  clear. 

""lu  "8  "  Phonetic '  or  rpeukiwj 
"ismit  spoken  Words  regardless 

t,n "  l,f  1,10  •rnnsmitting  iustru- 
r  die  receiving  instriinient,  the 
V,"»  10  'Himtmto  the  telegraph 

dies  or  boxes  A  H,  r 

L tl  U  1,10  0,10  ''Ho  which  the 

words  are  uttered,  and  tho  box  Is  or  resonator  is  tho  responding 
part  to  which  the  attemlmit  listens. 

(i.  Tho  diaphragms  c  tl,  are  applied  at  (ho  side  or  end  of  tho 
respective  boxes,  and  these  should  bo  provided  with  clamping  rings 
cf,  and  lightening  screws  <j,  somewhat  on  tho  plan  of  a  kettlu  drum, 
so  that  the  diaphragms  may  bo  of  tho  proper  tension.  I  prefer  and 
generally  use  sheet  metal  for  these  diaphragms,  which*  may  bo  of  a 
suitable  thickness,  say  ouo  eighth  of  an  inch  more  or  less  accord¬ 
ing  to  tho  size  of  the  instrument. 

7.  In  front  of  the  diaphragm  c.  ol  the  transmitter  I  make  uso 
of  a  second  plate,  or  a  disk  n,  of  suitable  material  having  a  con¬ 
ducting  surface. 

8.  I  have  found  that  a  disk  of  hard  rubber  coated  with  plumbago, 
answers  well,  but  a  disk  ol  some  conducting  mulal  or  substance 
may  be  employed,  or  a  plate  of  metal  coated  with  somo  scmi-con- 
diicling  substance  may  be  used. 

9.  The  circuit  wires  .‘t,  and  <1,  from  tho  line  and  a  battery  or 
other  source  of  electricity  are  connected  to  this  apparatus,  either  at 
opposite  sides  of  tho  disk  n,  or  one  wire  may  be  connected  to  said 
disk  n,  and  the  other  to  tho  diaphragm  c. 

10.  At  the  receiving  instrument  llioro  is  an  oleclro-magnet  o, 
with  its  poles  facing  the  diaphragm  tl,  and  the  armature  r,  is  fas¬ 
tened  to  said  diaphragm,  or  the  diaphragm  itself  may  form  the 

11.  Tho  disk  or  plate  is  accurately  adjusted  to  tho  proper  prox¬ 
imity  to  the  surface  of  tho  diaphragm  so  that  in  a  stato  of  rest 
there  will  be  little  or  no  current  passing  from  tho  battery  upon  tho 
line,  but  tho  vibrations  that  aro  received  by  the  diaphragm  c,  from 
the  voice  cause  the  electric  energy  on  tho  line  to  increase  and 
decrease  according  to  thu  intimacy  of  contact  between  tho  vibrat¬ 
ing  diaphragm  and  the  surface  of  the  adjacent  disk,  for  if  the  elect rio 
conductors  arc  connected  to  tho  diaphragm  and  disk  respectively, 
thu  current  that  passes  will  bo  pulsated  and  raised  or  lowured  by  thu 
intimacy  ot  contact  of  thu  surfaces  or  by  thu  vanahlo  resistance 
where  tho  conductors  aro  m  contact  with  a  surface  of  plumbago,  or 
other  poor  conductors  of  electricity,  tho  current  lioing  increased  by 
thu  diaphragm  allbrding  less  resistance  than  tho  plumbago,  when  the 

EDISON’S  CASE  “  130.’ 

vibration  of  tho  diaphragm  brings  tlio  surfaces  into  conlnct  to  a 
great  or  or  loss  extent.3 

1-f  Uy  this  phonetic  or  speaking  tclcgrapli  the  diaphragm  at 
tlio  receiving  station  will  bo  influenced  by  thu  action  of  tho  oloctro- 
inngnot  in  the  same  proportion  ns  tlio  rise  and  fall  of  electric  energy 
produced  by  the  vibrations  of  tlio  voice,  regardless  of  tlio  musical 
key,  and  tlio  utterances  at  one  end  are  reproduced  at  the  oilier  with 
great  clearness  and  accuracy. 

M.  I  ho  electro-magnet  or  helix  f,  introduced  in  tho  branch  10, 
between  tho  main  line  mid  tho  earth  is  adjusted  by  a  rheostat  or 
otbeiwiso  to  neutralize  the  static  charge  and  discharge  in  the  line 
[for  by  responding  to  the  rise  and  fall  of  tension  its  action  is  the 
reverse  of  tho  static  charges  and  discharges  of  thu  lino5]  as  hereto¬ 
fore  employed  by  mo  in  chemical  and  other  telegraphs,  and  hence 
any  falso  vibration  from  the  cllect  of  static  charge  or  discharge  arc 
lirevented.  "A."4 

here  IdmtUmI  Is 

... ....  Instances  the  .lla|.hracni  cumins  Into  contact  with  the  iltslt,  to  a  ercstcr 

or  less  extent  ncconllng  to  (lie  ninplltmlc  of  Its,  lessens  or  Increases  Die 
distance  that  the  electric  current  Is  ohllKc, I  to  travel  over  the  surface  of  the  .!■  - 
of  plumbago  or  .similar  Inferior  cnmlucilnif  ...  *  •  * 

eicciric  current  \n  obliged  I 
of  phmihnzo  or  Similar  Inferior  conduction  material,  ami  ^n.^DMhe'rJ 
V...  r  fl,n  ,,r  'tectrlc  tension."  See  letter  of  Oct.  30  0.  I  - 

wordM  In  brackets  have  been  erased.  See  letter  of  June  *„»l.  !b?7  u  i>  " 
“A  here  Inserted  Is  ns  follovva:—  • 

l‘TtlmUlCchaS^U|oft|,l'L’  |'‘“  ll‘"C  “  "UU' «'»««”"#•  an.l  m-ulrallse” 

I  r  ■»  l>'«  •"■-•re  Is  no  proloneatlon  of  tho 


Firat.  A  telespocnn 8  consisting  of  a  receiving  diaphragm  t.poi 
iitod  by  an  oloct'ro-magnot,  and  it  transmitting  disk  or  plate,  anil 
diaphragm  that  is  vibrated  by  tho  voicu  and  produces  rieo  and  fa 
of  electric  lonsitin  on  tho  lino  in  proportion  to  tho  extent  of  motio 
of  the  diaphragm,  substantially  as  sot  forth. 

[iS'ctow/.7  The  combination  with  tho  main  lino  and  tho  tclcspocn 
transmitting  and  receiving  instrument,  of  an  electro  magnet  or  eo 
in  a  branch  or  shunt  circuit,  subslanlially  as  set  forth.] 

Second.11  A  diaphragm  and  its  supporting  caso  or  box  adapted  l 
being  viliratcd  by  tho  voice,  in  combination  with  a  disk  or  conta 
plate  and  electric  circuit,  substantially  as  sot  forth. 

Signed  by  mo  this  eighteenth  day  of  April,  A.  D.  1877. 


Witnesses : 

Cl  no.  T.  Pinoknkv, 


Nmv  Yoke.  Feb.  M,  1878. 
IIosoiiaiilr  Commission  Kit  op  Patents  : 

Sir,  —  In  tho  matter  of  my  application  for  a  patent  on  Sponkii 
Telegraphs,  caso  180,  tiled  April  27,  1877,  1  heroby  insert  the  ft 
lowing  before  the  claims. 

[I  tlo  not  herein  make  any  claim  to  tho  iron  or  steel  diaphrag 
combined  with  the  electro-magnet  and  resonant  case,  but  reserve  t 
same  for  a  subsequent  separate  application.] 

per  L.  W.  SKltliKl.L,  Attorne 




Washington,  1).  C’.,  Mnrcli  2ti,  1878. 
nos.  A.  Edison,  Also  copy  to 

Core  L.  W.  SKiiHKl.r.,  Western  Union  Telegraph  Co. 

Hox  4,089,  New  Voiiic  Citv.  N.  y.  City. 

Plenso  find  below  n  copy  of  ft  coimminicntion  from  th0  Kxnminer 
cr  ,g  )  nr  ..pplication  for  patent  for  speaking  telegraph  (Oise 
30)  tiled  Apr.  27,  1877. 

Very  respectfully , 


Commissioner  of  Patents. 

l  onr  cnso  aliove  referred  to  is  ndjudged  to  interfere  with  tlio 
I>l>lie«tn,ns  and  patents  named  below,  and  the  <p,  cat  ion  „f  priority 
'  *  (|ULn,""L>'1  1,1  u,l,r,,r"iity  "''•••  •bo  rules  accuuipniiviiig  this. 

1  }  b‘  'L  1  t  1  1  1  I  '•  II  le  53.  most 'he  sealed 

an.  bled  on  or  holme  the  sixth  day  of  May,  1878,  with  the 
I  T""?n  ,,m,  of  1-rtjr  tiling  it.  indorsed  on 

....  .  '  "!’C:  1 1,0  “'''tier  involved  in  the  interference  is,— 

■eheremhefoto  described  art  of  transmitting  and  reproducing  at 
,;!,2  1  *  6:,lmr,,,1r  -  visions  Of  any  description  which 

increasing  and  decreasing  the  strength  or  an  electric 
'intuit  I|"lV0.r*l"g  "  *,,cl' 11  "m,'"cr  as  to  produce  in  said 

series  ol  elcetrical  waves  or  vibrations  precisely  corre- 

liTso'noro'u ' ,t!,r  i"ler™h  of  «••<!  relative  amplitudes  to 

tat  ion  or  MaZ!”  so  l  lia t '  m  V*  #t  lhu 

aiions,  so  that  oral  conversations,  or  sounds  of  nov 

!“2“  '»  tn.n«mitloJ  -  ,0„^ 

we,  «*». . . 


Elisha  Gray,  npp’n  tiled  Oct.  21),  1877  (No.  1,)  attorneys 
of  record,  Baldwin,  Hopkins  and  Peyton,  Washington,  D.  C. 

Emile  Berliner,  npp’n  tiled  Juno  4,  1877.  Attorney  of  record, 
James  L.  Norris,  Washington,  I).  C. 

Georye  JJ.  Jlichmond,  npp’n  tiled  Aug.  2-1,  1877.  Attorney  of 
record,  George  W.  Dyer,  Washington,  D.  C. 

A.  E.  IJolbenr,  npp’n  tiled  Oct.  31,  1877  (A.)  Attorneys  of 
record,  Frnnk  1..  Pope,  Elizabeth,  N.  J.,  James  L.  Norris  (Asso. 
Att’y),  Washington,  D.  C. 

A.  G.  Bolcombe,  npp’n  tiled  Jan.  28,  1878.  Attorney  of  record, 
Moses  G.  Farmer,  Torpedo  Station,  Newport,  It.  I. 

A.  G.  Bell,  Patent  No.  171,405  dated  March  7,  1870.  Attorney 
of  record,  A.  Pollok,  Washington.  D.  C. 

11.  C.  TOWNSEND, 


Room  No.  118.-  [No.  14.]  [Isteufeiibnck.] 

INTERFERENCE  B.  (Case  130.) 



Washington,  D.  C.,  March  2fi,  1878. 

T.  A.  Edison,  Also  copy  to 

Care  L.  W.  SKltUELt.,  The  W.  U.  Telegraph  Co., 

Box  18(59,  N.  Y.  City.  N.  V.  City. 

Plenso  find  below  a  copy  of  a  communication  from  tlio  examiner, 
concerning  your  application  filed  April  27,  1877.  Speaking 

Very  respectfully, 


Commissioner  of  Patents. 

Your  enso  above  roferrod  to  is  adjudged  to  interfere  with  tlio 
applications  and  patent  named  below,  and  tlio  question  of  priority 

kdison’s  cask  “  iso.’ 

will  lie  dilct  mined  in  conformity  with  tlio  rules  accompanying  this. 
’I'lm  preliminary  stntoinnnl  demanded  i>y  Iinlo  S3  must  lie  scaled  up 
and  filed  on  or  liefore  the  sixth  day  of  May,  1878,  with  the  subject  of 
the  invention  and  naino  of  parly  filing  it  indorsed  on  the  unvelopu. 
i  he  suhjeet  matter  involved  in  the  interference  is  the  hereinheforo 
described  improvement  in  the  nr)  of  transmitting  vocal  sounds  or 
spoken  words  telegraphically,  which  consists  in  throwing  upon  the 
line  through  the  medium  of  a  varying  resistance  eleelrie  impulses 
corresponding  to  the  vibrations  f  liaphrag  perated  by  the 
movements  of  the  air  produced  by  a  spoken  word.  (Gray's  second 

'Hus  is  substantially  covered  in  Hell's  fourth  claim,  and  is 
described  in  applications  of  Gray,  Herliner  and  Richmond. 

The  parties  to  interference  are  Elisha  Gray,  application  filed  Oct. 

“  ’  ,  Attorneys,  Ilaldwin,  Hopkins  and  Peyton,  Washington, 

,  C.  i.  A.  Edison,  application  tiled  April  27,  1877  (Case  130) 
Attorney,  h.  W.  Sorrell,  Hex  4.180,  New  York  City.  Emile  iler- 

1'T  . . .  1  1  "L  *  1877.  Attorney,  James  h.  Nonis, 

as  nngton  D.  C.  George  H.  Richmond,  application  tiled  Ang. 

Attorney,  George  W.  Dyer,  Wasl.ington,  D.  C.  A.  G 
,  fment  No.  1 74,485,  dated  March  7,  1870.  Attorney,  A. 
lollok,  Washington,  D.  C. 


Nkw  Yoiik,  April  2G,  1877. 
Ilex.  CoM.MI8.StO.VKIt  or  Patents  :  • 

foos  0,1  “,0  “w,,lc"ti0',»  for 

Thomas  A.  Edison,  speaking  telegraphs,  m 

Owen  Tomlinson,  car  axle  boxes  (reissue),  ;i0 

Respectfully  yours,  ^ 


M-  per  C.  II.  Smith. 




Room  No.  118.  _ 

Wasiiinoton,  D.  C.,  Juno  20,  1877. 
Titos.  A.  Edison,  Cnso  130. 

Caro  L.  W.  Seuiiei.i., 

Hos  4(18S),  New  Y'oiik  Citv. 

81’EAKtNO  TKt.KOIlAl'It,  FII.KD  Al'ltIT.  57,  1877. 

This  application  lias  been  examined.  The  second  claim  appears 
to  cover  a  mere  double  uso  of  an  electro-magnet  'or  coil,  as  ordi¬ 
narily  employed  m  telegraphs,  and  as  shown  for  example,  in  patents 
of  .1.  11.  Stearns,  Mar.  18,  lt>73,  No.  18(1,873  (Elec.  Duplex  Tele-' 
graphs),  and  T.  A.  Edison,  Eel).  10,  1874,  No.  1  17,313  (Automatic 
Telegraphs).  The  meaning  of  the  statement  in  paragraph  thirteen 
of  specification,  that  tliu  action  of  the  coil  is  the  reverse  of  t lie  static 
charges  and  discharges  of  the  lino  as  heretofore  employed  by  mu  in 
chemical  and  other  telegraphs,  is  not  clear. 

The  sigiiilicntioa  of  the  word  "  telespeean  ”  employed  in  claims  1 
and  2  is  not  understood  and  the  propriety  of  using  it  cannot  lio 

As  presented  the  application  is  rejected.  . 

H.  C.  TOWNSEND,  AVr. 

New  Yoke,  Juno  21,  1877. 
To  IIoxoiiam.k  Commissioner  ok  Patents: 

Sir, —  In  the  matter  of  my  application  for  Letters  Patent  oa 
Improvement  in  Speaking  Telegraphs  (cnso  No. -130),  filed  April 
27,  1877,  1  amend  the  specification  by  erasing  the  word  "phonetic" 
in  second  lino  of  paragraph  3,  and  substituting  llio  word  "tolespo- 

Hy  erasing  in  llio  middle  of  paragraph  13,  the  words  "  for  by 
responding  to  the  riso  and  fall  of  tonsion,  its  notion  is  tho  revorso  of 
the  static  charges  and  discharges  of  the  line." 

Hy  insorting  llio  following  at  tho  ond  of  paragraph  13, 



of  thin  "  sliimt”  (o  any  system  of  telegraphy  without  any  distinc¬ 
tively  now  result  is  held  not  to  constitute  invention. 

The  second  claim  is  accordingly  refused. 



Nkw  Youk,  Sept.  21,  1877. 

To  I  Ion.  Comsiissioneu  ok  Patents: 

Sir,  —  In  the  matter  of  my  speaking  telegraph,  case  130,  tded 
April  27,  1877,  I  amend  the  specification  by  erasing  tho  second 
claim  without  prejudico  in  case  of  future  reissue. 


per  L.  W.  Sebkkix,  Ally. 

Boom  No.  118. 



Case  130.  Washington,  D.  C.,  Sept.  29,  1877. 

Thos.  A.  Edison, 

Caro  L.  W.  Skuheu.,  N.  Y.  Citv. 

On  tho  sulijcct-matter  of  tho  combination  of  the  framo,  tho  dia¬ 
phragm  and  the  tightening  screws,  an  interference  between  this  and 
another  pending  application  will  lie  necessary. 

This  interference  will  ho  declared  ns  soon  as  the  conihcling  appli¬ 
cation  is  put  into  proper  condition.  ^  Q  T0WNSEND, 


Unit  in  kettle  drum*  mnl  banjos  Hie  diaphragm  j*  pr 
>v»  for  lightening  the  same.  I  do  not  chum  in  „ 
•eat  the  comhinnlinn  with  the  diaphragm  of  a  rim- 
ws  for  adjusting  the  parts.] 


Xkw  Yoiik,  Oct.  30,  1877. 
IIISMOXKIt  OK  Patents: 

e  matter  of  my  «|.plieati„n  for  a  patent  on  Speak i 
0  13°*  'ded  April  27,  1877,  I  amend  t 

'  lidding  after  paragraph  II,  an  follows :  _ 

l*C°“  ,l'“  . . r,,t?m  coming  into  contact  with  the  di. 

.  .  CSt,c"1'  '"-'cording  to  the  amplitude  of  its  vih, 
increases  the  dislaneo  that  the  electric  current 
cl  over  the  surface  of  the  disk  of  plumbago  „r  simil 

t  r  I|ll"e'  <lm*  toll!i,  ,lUL'"lly  the  resistance  in  t 
ml  fall  of  electric  tension.] 


per  L.  W.  SKititKl.1.,  A  norm 

Wasiiixoton,  D.  C.,  I,S7 

diaphragm  vihrni 

or  the  rise  and  (all  i»f  i,...  :  i  •  . 

:  extent  of  contact  bc,,«  <,ro<h,<; 

1877-  No.  1 

’JitojiAs  A.  Edison, 

<»  H  olrrn  Unlm  Ttlojn afh  Cbmpany  „/  Xm  Tori  V  K 

>rk*  C°,mti-  “^'iddlesex.  Stale  of  New  Jersey. 


Vpril  27,  1877. 

Lemuel  \V.  SbuhkUm 

Jiox  41189,  New  York  City. 

1877.  ’ 


Application  Capers. 

1  Kej  .lime  20,  1877. 

2  Aiml’t  "A  H”  June  22,  ’77. 

3  Kej  Sept.  20,  1877. 

•I  Auul't  Sept.  27,  1877. 

S  Kej  Heller  Sept.  29,  1877. 
ti  Amd't  Oct.  15,  1877  "  C.” 

7  “  “  31,  •«  "IV* 

8  “  Fell,  lti,  1878  "  E.” 

A.  9  1  nt f  X  Va*.  ii.  W-  i!s.  Vff.  JsV.  Mllr-  2,;.  1878. 

II.  10  lutf  X  V/*  l J »  W.  W •  Mnr-  26>  1878‘ 






It;  30  Electricity. 

1 7  Telephonic-Telegraphs 



Improvement  in 

1  Cash  $15, 
Add’l  Fee  Cert. 

••  “  Cash. 


2  Patented 

PAGE  13. 



Fz'/fd-Jfyir.  27;  73  M 

>ox.  Hum  the  mocha  uical  forco  applied  to  movo  I 
"rfi,co  ,,cl!<  eleclrie  current  to  produce  the  vih 

••sonant  clmiiiliui*. 

The  principle  of  this  method  of  obtaining  motion  by  el 
a I  ^'•composition  is  described  in  my  Letters  Patent  I 
minted  dan.  Ill,  ItiTli. 

To  facilitate  the  discharge  of  electricity  from  the  recei' 
ns  it  may  lie  shniitcd  with  an  electro-magnet. 

l’ig.  -I  shows  the  devices  which  may  he  employed  I 
r|ii"  c  11  noiseless  manner,  so  ns  to  prevent  intorfuroi 
•eak,  hissing  consonants  which  form  a  part  id'  ordinal 

p  is  a  worm  and  o  the  wheel  for  revolving  the  roller  e.  t 
ersal  joint  connecting  to  the  shaft  s,  the  object  of  the  she 
>  carry  the  actuating  handle  to  the  right  side  of  the  mncl 
ie  paper-carrying  devices  to  the  left-hand  side,  v  is  a  sprin 
■rves  to  press  the  rnliher  wheel  ic  against  tho  under  snrfaci 
heel  ii.  which  also  may  lie  covered  with  rnliher.  uJ  is  the 
which  to  rotate  the  .li-k  11,  shaft  s.  worm  /i,  and  roller  e. 

I  lie  mouth  of  the  ape  ikiiig-tuhe  may  lie  closed,  except  a  hoi 
nt  through  which  the  vibrations  of  the  voice  pass  to  (ho  din 
tyiupnu,  the  object  of  thu  slot  being  to  increase  the  poivel 
•sing  consonants;  also  that  the  point  b  may  he  dispensed 
ry  short  lines. 

I  claim  ns  my  invention,  — 

i  imt.  In  a  telegraphic  apparatus  operated  by  sound,  thu 
lion  with  the  diaphragm  or  lympan  of  two  contact  point* 
ctro-circuil  adjacent  to  thu  opposite  surfaces,  substantial!) 


•Second.  Tho  combination  with  a  diaphragm  in  a  tolograpl 
d  by  sound  of  two  contact  points  at  opposite  sides  of  tl 


Auor.  to  Wttlrrn  Union  Telcjraph  Conywny,  of  Xea  York,  X.  V. 

[.S/in-i/foi/ion  un  amended  and  corrected .•] 

I  whom  it  may  concern  : 

il  known  tlmt  I,  Thomas  A.  Edison,  of  Menlo  Park,  in  tho 
of  Now  Jersey,  have  invented  an  improvement  in  Speaking 
rnphs,  of  which  the  following  is  a  speeilicatiun. 
i  object  of  this  invention  is  to  transmit  and  rondor  audihlo  tho 
i  voice  over  telegniphic  circuits. 

i  invention  consists  in  n  tympan  or  diaphragm  upon  a  speaking 
connected  with  electrodes  in  an  electrolytic  fluid,  so  that  tho 
ions  of  the  diaphragm  cause  tho  electrodes  to  approach  and 
i  from  each  other,  and  vary  tho  resistance  in  tho  electrio 

invention  further  consists  in  tho  method  of  multiplying  tho 
of  tho  approaching  and  receding  of  tho  electrodes  by  causing 
front  to  pass  through  tho  electrolytic  liquid  at  several  places 
■n  tho  points  which  are  vibrated  by  tho  tyuipan. >. 
invention  further  relates  to  tho  electrodes  insulated  except  at 
xtremo  ends. 

invention  further  consists  in  a  case,  containing  an  elcctro- 
L  with  a  loosu  plate  at  tho  end,  which  pinto  is  placed  against 

o«i“h, tf'in  ,  U'.8l,",,e'1  ''“'rmle*  «r«  two 

. . . . «•» 

*  ™n  H  is  divided  liy  an  ,  . 



. . . . . . 

II  Ilow  Gviilnin  II  r'  c  olleh'  each  other. 

■"  -ry  Cose  £  '"1 

'«  H>c  screw/,  thooc  thromd,  it  ",0  lm,,M 

'  <he  Huh)  i„  |i  ,|  .  °  1,10  extreme  point,  tli 

«,frs„|l,liH|1811n;iise^  ,K*“  '*"■'•>1  am  faces,  espeei 
points  to  end  ’*  'ho  approach  and  rei 

■^•  r.eaoreateror  17  ""d  causes  the  , 

'ric  current  iIlt„  Wl„ !  ,,f  "><’ "m<l.  thus  throw 

"«»*■' :  '.•-ia«.w,;:;,r:7,,,,:,i"“ i" ii,,!  . . . 

»  Wovenient  of  the  diaul  "mildo  the  elf 

1(1  ai'arlcn  an,|  . . ”  .f  "»c-him.lredth  of 

«i">«wo  tli'ctrodcs  thn  i°  ^"l;  e°"d,,cl ,r  to  that  exte, 
1"  practice,  1  l>ri.r’r  ,()  1 1,81,1  of  ",0  "aid  conductor 
■»  'lie  current  uS™**1  "r  0,uu"0'^ 
|'"s  of  electrodes  (■■■  ■-  fclll;L','ssively  holweeu  t 

"i')-  M’hore  a  great  uum'l  r""0  w»miectcd  i 

s">ace  of  ,h„  electrolytic  fluid  J 17 
7°‘  . Uy  """S  «  rotuparative)..  1  Coll!*  U  Kro« 

“  r  '8  ofiro».  Prorerahly  tinlled -"i  ?",luu,i"»  ""''"imi. 

•  a  w  at  the  end  of  th 

o  waves  thus  sunt  over  tho  circuit  cause  tlio  oloclro- magnet  i 
Intel  the  plate  r  at  each  vibration,  mid  thus  roproduco  am 
r  audible  the  voice  of  tho  person  speaking  into  the  tulie  a. 

<i  advantage  of  using  a  loose  plate  over  a  plato  secured  at  one 
r  around  the  edges,  is  that  any  free  diaphragm  setting  tho 
motion  will  give  metallic  ringing  sounds  or  harmonies,  duo 
want  of  h.......g„l|,„ty ,  while  ivitli  the  loose  platu  held  against 

nr,  the  c  rue  ig  i  Is  i  1  |  |  |  the  sounds  due 

o  11,0  movement  of  tho  air,  mid  the  molecular  sounds  from  the 
,  duo  to  the  motion  given  hy  tho  magnet,  are  very  loud,  and 
ee  from  all  secondary  sounds  which  tend  to  destroy  the  perl'eet 

more  or  less  pressure  of  the  plate  against  tho  car,  it  may  lie 
to  approach  or  reecdo  from  the  magnet,  thus  increasing  or 
ising  the  volume  of  the  sound. 

i  not  necessary  that  the  plato  should  lie  circular;  it  may  lie 
shape  or  of  any  iimterial,  providing  it  lias  secured  to  it  an 
muiture ;  tins  receiver  is  preferably  connected  to  tho  line  hy 
lilo  cord  containing  two  wires,  and  when  placed  in  an  inverted 
in  so  that  tho  loose  plato  drops  away  from  the  magnet,  tho 
ig  and  closing  of  the  circuit  liy  a  key  will  cniisc  tho  plate 
iittracled  when  the  circuit  is  closed  and  full  away  from  tho 
t  hv  its  own  weight  when  the  circuit  is  open,  thus  producing 
'lit  noise  to  act  as  a  call  ill  place  of  a  hull.  Of  course,  thil 
■r  '“ay  lie  used  in  connection  with  any  form  of  telegraphic 

lint  as  my  invention,  — 

I-3  hi  a  telegraphic  instillment  operated  liy  sound,  thu  com- 
n  with  the  diaphragm  of  two  or  more  electrodes  placed  in 
cluctrol)  tic  liquid,  and  operating  to  iucreaso  and  decrease  the  resist- 



t'o  of  (he  oloclrie  circuit  by  the  movement  derived  from  tho 
iphmgm,  substantially  ns  set  forth. 

Second.  Tim  combination  with  a  diaphragm  sot  in  motion  by  the 
"i.m  voice  or  other  sound,  of  several  pairs  of  electrodes  insii- 
‘■d,  except  at  or  near  their  cud,  aud  an  iutermediato  fluid  con. 
dor  for  the  purpose  set  forth. 

Third.  The  receiving  apparatus,  consisting  of  an  elect ro-magnet, 
e,  and  loose  (mini  plate,  artaogud  and  operated  substantially  as 

Foiirl/,.  The  combination  in  a  receiving  instrument  of  an  electro- 
gnet,  a  movable  ease  and  a  loose  plate,  arranged  substantially  as 
forth  so  that  the  saute  may  ho  used  either  as  a  call  or  a  ruceiv- 

Mgaed  hy  me  this  thirty-first  day  of  August,  A.  D.  1877. 


PAGE  24 



TIUD  Sc}i-5  i*7T 

\GE  28. 



'Amir.  In  Western  Union  Telegraph  Company,  of  Xew  York,  X.  1". 

„,M,  Am.icATioN  nun.  1>HC.  fit,  1877.  l»r.  in  'rm.miosic  Tki.kouaviib. 
[UlllSOX'S  CASK,  NO.  H.I.] 

[Spccijiculion  us  Amended  will  Corrected .•] 
til  whom  it  muy  concern: 

u  il  known  Hint  1,  Tinnitus  A.  F.dison,  of  Menlo  Pmk,  In  the 
o  of  Now  Jersey,  luiVis  invented  an  Ini|irovenient  in  Acoustic 
■graphs,  of  wliioli  thu  following  is  u  8|)ccilicntion. 

[y  invention  rolnlcs  to  ml  iicoustic  t  I  0  1 1  c  t  0  lit 
iblo  of  viliriition  to  produce  sound  vibrations  in  the  atmosphere, 
oniliiimtion  witli  [a  resoiinlil  tube'],  an  uluetro-mngnet  anil  eon- 
ions  to  a  circuit  over  which  iimlulatory  electric  waves  arc  caused 
mss  liy  an  acoustic  telegraph  trunsinitting  instrunient,  so  that 
Ills  will  he  produced  by  said  plate  at  the  receiving  instrument 
i la r  to  those  at  thu  acoustic  transmitting  instrument.  The  same 
riiment  is  adapted  to  transmitting  electric  waves  or  pulsations 
■espondiug  to  the  sound  vibrations  of  the  atmosphere, 
a  the  drawing  — 

■ig.  1  is  a  diagram  illustrating  the  apparatus  adapted  to  use  in 
Rustic  telegraph  ill  wliicli  tliere  is  a  rise  and  fall  of  electric 

'ig.  2  shows  tlie  apparatus  adapted  to  a  line  in  which  the  polarity 
!ho  current  is  reversed. 

'he  resonant  tube  or  case  «  is  of  a  suilahlo  size  and  shape,  and  h 
he  vibrating  plate' forming  the  whole  or  part  of  one  side  or  end 
[he  resonant  tulie  or  case. 

'his  plate  forms  an  armaturu  to  tho  clectro-ltmglict  il,  said  olectro- 
,„et  being  connected  with  the  distant  instrument  either  directly 
!»y  an  induct  ion  coil* 

.'lie  plate  «,  is  polarized  hy  tho  magnet  h,  which  is 
wu  as  a  permanent  liar  magnet,  said  plate  It,  heing  attached  t.i 
polo.  Tho  electro-magnet  tl,  is  also  shown  with  shoes  or. 
nehes  to  thu  cores  with  the  armaliiro  plate  b,  hetweell  them, 
n  Fig.  1  tho  lino/,  is  represented  as  passing  through  tho  helix 

?  ns  herein  described,  mny  be  in, 
toiieil  diflercnlly. 
which  nro  shown  ns  resoimnt  tub 
unit  tubes  nro  iron  or  steel  dinplti 
f  tile  elect ro-ningnets  K  K',  whit 

“•  which  slide  within  the  tubes  A  i 
'Jhe  object  of  the  tubes  is  to  nil 
of  the  column  of  nir  in  the  res, 
m  to  the  |i:irticulnr  note  or  tone  i 
hi  diii|)hnigni  responds  to  nil  the 
nt  some  nieniis  provided  for  strei 
icuhir  tone,  it  would  be  very  dil 
"  required,  but  by  thu  use  o 
t  overcome,  beenuso  the  tono  is  « 
vibrated  iu  linruiouy  with  thu  no 

ith  mi  electro-magnet  of  nn  ir.u 
resonant  case,  for  rendering  tint] 
Lv  ns  set  forth. 

"iili  a  diaphragm,  vibrated  l.v 
tube,  variable  in  its  length,  so  a 
tone  of  the  transmitting  iustrum, 

th  a  vibrating  reed  anil  olectrol. 
it  of  a  key,  placed  in  n  shunt  circi 

iy  of  December,  A.  D.  1877. 





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PAGE  505. 


.y'  Number, 

T.  A.  EDISON, 

Menlo  Park,  N.J. 

{Copjmrplales  VII I  and  IX  ) 

It  Booms  not  to  bo  uninteresting  to  make  wider  known  tl.o  following  idoi 
snggostod  by  Hr.  Philip  Reiss  in  Fricdrichsdnrf,  in  his  to  tho  Physioafuni! 
an.l  the  Sessions  of  the  1'ree  Gorman  Chapter,  at  Frankfort  on-the-Main  about  t 
dTlttW  “t;"  extra  galvanic  way,  and  with  regard  to  what  has  be, 
done  up  to  the  present  time  in  relation  to  realizing  this  idea  so  ns  to  cause  forth 
efforts  according  to  tho  obtained  experience,  and  hence  the  n,ost  I)rotit  , 
drawn  from  tho  action  of  tho  galvanic  current,  which  already  has  bo!  sorvin  r  tl 
purpose  of  promoting  the  correspondence  for  Immunity. 

Tho  question  here  is  not  about  the  action  of  the  galvanic 
movement  of  the  telegraph  apparatus,  no  matter  how  constructed,  to  prod u, 
rv.v'Me  signals,  but  to  make  use  of  it  to  cause  auliblc  sig..als-to  produce  so, ,m 
(tones).  A\  e  know  that  the  waves  of  air,  which,  by  acting  on  our  ears  rouse  in 
the  hearing  of  the  sound  by  tlrst  of  all  getting  the  barrel  of  tho  ear ’in  vibratin 
motion  thence  are  conveyed  through  astonishing  fine  lever  apparatus,  the  joints  < 
the  oar  (hammer,  anv.l,  st.rrnp),  to  tho  inside  parts  of  the  ear  and  ll.e  ear  non- 
there;  the  experiment  to  sounds  is  based  on  this:  to  set  an  artifical  hr, 
tation  of  this  lever  apparatus,  through  tho  vibration  of  a  membrane,  similar  to  tl, 
barrel  of  the  ear,  motion  „„d  to  make  use  of  this  to  open  and  close  a  galva 
cl  a  n  Vl  cl  s  connected  w,  h  a  distant  station  by  means  of  a  metallic  conduction 
Previous  to  describing  the  apparatus  which  is  to  be  used,  we  should  first  tak 
m  consideration  how  our  ear  notices  tho  vibrations  of  a  certain  tone,  and  the  a-rc 
gate  of  all  the  tones  wh.eli  simultaneously  act  on  it,  because  through  this  sue 
requisites  are  determined  which  the  sending  and  receiving  apparatus  have  to  per 
form  when  solving  the  problem  now  to  be  entertained.  1 

Let  us  first  of  all  take  in  consideration  the  processes  which  take  place  to  notic 
a  single  tone  by  means  o  the  human  ear;  then  wo  find  that  each  tone  is  the  actio, 
of  a  rarefaction  and  condensation  often  repented  in  a  certain  spaco  of  time  T 
this  process  takes  place  in  tho  same  medium  ns  onr  ear,  then  its  membrane,  at'eael 
condensation,  ,s  pressed  towards  the  cavity  of  the  drum  and  at  each  rarofactio, 
towards  tho  opposito  side. 

These  vibrations  determine  the  equal  motion  of  tho  points  of  tho  car  and  the 
trnsforring  caused  thereby  to  tho  auditory  nerves.  ’ 

The  greater  tho  condensation  of  a  sound  conducting  medium  at  a  certain  mo 
incnt,  the  greater  the  amplitude  of  vibration  of  tho  membrane  and  the  enr-ioints 
and  inversely  the  smaller  in  a  contrary  case.  Consequently  the  auditory  nerves  are 
■"tended  to  conduct  cadi  condensation  and  rarefactions  which  might  take  place  in 
tho  medium  which  surrounds  it  with  certainty  to  tho  auditory  nerves.  On  the 
other  hand,  tho  auditory  norvos  are  intended  to  bring  to  our  knowledge  the  vibra- 
tions  which  occur  in  a  certain  space  of  time,  according  to  number  and  size. 

Now  wo  give  a  distinct  namo  to  a  certain  composition  ;  now  wo  call  tho  vibr 
tions  of  which  wo  become  onsoious  “  tones.” 

!jr«or  or  tone  receiver,  which  apparatuses  are  put  upon  ilillbrcnt  Stat 
mi  irk,  however,  as  a  matter  of  course,  that  the  combination  of  the  nppnrat 
alternately  use  to  and  fro,  is  let  pass  on,  for  the  sake  of  clearness  and  likowis 
whole  is  not  put  there  as  a  finished  fact,  but  only  that,  which  has  been  fomu 
to  the  present  time  should  ho  brought  to  goucral  knowledge.)  The  possil 
continuation  of  operating  the  apparatuses  in  the  present  state  of  knowl 
augh  the  direct  action  of  tho  galvanic  current  distance  is  loft  out  of  consii 
>,  because  with  proper  innchiiiery  this  can  easily  he  demonstrated  by  experii 
I  tho  material  part  of  the  explained  phenomena  is  not  impaired  thnruhg  it. 
The  tone-sender,  lig.  -1  A,  is  connected  on  one  side  with  tho  wire  oxtendii 
neighboring  station,  and  with  tho  toncrcceivcr.  lig.  -1  B.  On  tiio  othor  si 
ounccted  through  tho  battery  G  with  the  earth  (or  tho  metallic  return  line). 

The  tonesonder,  lig.  d  A,  consists  of  a  conical  tube,  a — b,  of  about  15  coni 
i  length,  lo  centimeters  front,  and  4  centimeters  hack  opening. 

It  has  been  proven  on  the  practical  experiments  that  the  selection  o 
turial  tV  r  this  tube  when  using  the  apparatus  is  without  any  intiuencc,  and 
iu  u  larger  length  on  it  without  action  on  the  salcty  of  the  apparatus.  A  gi 
1th  of  the  cylinder  impairs  the  use  of  the  apparatus,  hence  a  surface  ns  sti 
possible  in  the  inside  wall  is  to  lie  preferred. 

The  rear  opening  of  the  cylinder  is  shut  oil  by  a  collodium  membrane  O, 
the  center  of  the  circular  surface  formed  through  this  membrane  one  end 
lever  c  d.  is  resting,  whose  fulcrum  t:  is  hold  by  a  holder,  and  remains  conn 
:li  the  metallic  conduction. 

The  selection  of  the  length  of  both  lever  arms,  c  c  and  «  d.  is  determini 
ilaws  minting  to  the  lever  forces.  It  is  preferable  to  make  tho  arm  o  e  li 

an  arm  <;  d,  iu  order  to  put  in  action  at  d  the  smallest  movement  at  e  witl 
cutest  possible  expression  of  force;  on  the  other  hand,  however,  it.  is  dcsiral 
like  the  lever  itself  ns  light  as  possible,  in  order  that  it  may  follow  the  motic 
e  membrane.  An  inexact  following  of  the  lover  nd  produces  impure  tones  c 
salving  station,  in  the  statu  of  rest  the  contact  <1  ;/  is  closed,  and  a  weak  s] 
holds  fast  the  lever  in  this  state  of  rest 

The  second  part  of  this  apparatus,  the  bolder  /,  consists  of  a  metallic  ca 
Inch  is  connected  with  one  of  the  poles  of  battery  C,  whilst  the  other  battery 
conducted  to  earth  or  to  the  return  wire  to  the  other  station. 

On  the  holder /'is  a  spring  <j  with  a  contact,  which  corresponds  with  tin 
ct  of  tho  lever  e  d  in  d,  and  whoso  position  is  regulated  through  a  screw  h. 

hi  order  not  to  weaken  the  action  of  the  apparatus  by  communicating  aj 
le  back  part  of  tho  membrane,  tho  air-waves  which  occur  when  the  apparu 
dug  used,  it  is  preferable  to  put  over  the  tube  a  b  rectangular  towards  its  li 
idinal  axis  a  disk  of  about  i>0  centimeter  diameter,  which  firmly  closes  on  tli 
de  wall  of  the  tube. 

The  tone  receiver,  fig.  4  B,  consists  of  an  electro-mngnot,  m  m,  which  rci 
resounding  board,  u  w,  and  which  is  connected  with  tho  wire  to  tho  earth,  < 
‘turn  wiro-coudiiutio.ii. 

Opposito  to  tho  electro-magnet  in  m,  is  an  armature,  which  is  connected 
iver  i,  which  is  as  long  as  possible,  but  light  and  wide. 

r.nvoi-  i  with  thu  armature,  is  attached  oscillatory  on  the  holdor  It,  a 

PAGE  510 

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foitnctiZeeCj  irn.  ‘9n£?0j&  vdtfuij  s^c/Ac. (AzeXtJ 'fric^ne/' 

fe£a-e&»id  ^H-  AddAt  g-ccCes?  a^dAcel^AAd  g/rcu) 

PAGE  511 

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PAGE  518 

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PAGE  532 

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PAGE  544 

l MSI' A lt  lAl  ENT  01'  THE  INTERIOR. 

United  Status  Patent  Omen. 

To  all  Persons  to  whom  these  Presents  shall  come,  Greet  in  a ; 

This  is  to  CL'ilif.v  llmt  llm  annexed  is  n  trim  copy  from  tlio  files  of  this 
ollioij  ot  the  File  Wrapper  Contents uml  Drawing,  in  the  matterof  thoenveal 
of  Thomas  A.  Edison,  Assor.  to  Western  Union  Telegraph  Company,  filed 
December  2,  1875,  for  Aconslio  Telegraph  Apparatus. 

To  testimony  whereof,  1,  E.  M.  'Marble,  Commissioner  of  Patents, 
have  caused  the  seal  of  the  Patent  Olliee  to  lie  hereunto 
it  nixed  this  twenty-fourth  day  of  November,  in  the  year  of 
[seal]  our  Lord  one  thousand  eight  hundred  and  eighty  ,  and 
of  tlio  Independence  of  the  United  States  the  one  hundred 
and  fifth. 

E.  M.  MARBLE, 


New  York,  December  1,  1875. 

lion.  Commr.  of  Patents. 

Snt Inclosed  herewith  I  send  check  for  twenty-five  dollars,  fees  on 
the  application  for  patent  for  Wheeler  &  -ieronio  Paper  Box  Machinery,  and 
the  caveat  of  Thomas  A.  Edison,  No.  71  Acoustic  Telegraphs. 

Resp.  yours, 

per  C.  II.  Smith. 

$10  Clik. 

Caveat  No.  71. 

To  the  Honorable  Commissioner  of  Patents  of  the  United  States : 

The  petition  of  Thomas  A.  Edison,  of  Newark,  in  the  county  of  Essex 
and  State  of  New  Jersey,  respectfully  represents  : 

That  your  petitioner  lias  invented  a  certain  new  and  useful  improve¬ 
ment  in  Acoustic  Telegraph  Apparatus,  and  that  lie  is  now  engaged  in 
making  experiments  for  the  purpose  of  perfecting  tlio  same  preparatory 
to  his  application  for  Letters  Patent  therefor. 

Ho  therefore  prays  that  the  annexed  description  of  his  said  invention 
may  lie  filed  as  a  caveat  in  the  confidential  archives  of  tile  Patent  Ofliee, 
agreeably  to  tlio  act  of  Congress  in  that  case  made  and  provided,  he  having 
paid  ten  dollars  into  tlio  Treasury  of  the  United  States,  and  otherwise  com¬ 
plied  with  tlio  requirements  of  the  said  net. 

Respectfully  yours, 


Care  of  Box  *1089,  New  York. 

New  York,  N.  Y.,  Nov.  22d,  1875. 

United  States  op  America,  ) 

City,  County  and  State  of  New  York,  f 

On  this  22d  day  of  Novombcr,  in  the’year  ono  thousand  eight  hundred 

ind  seventy-five,  before  the  stthseriber,  n  Notary  riiniic  j,i  1  f 
!,0,>'ona1Il.v  •'l'P«'.vd  I  Ik-  within  named  Thomas  A.  Edison  Ldl  ’ 
»ulei..n  mil,  he  verily  believes  himself  to  be  lhl.  oW-i  ml  ,  ,  ‘ 

vemor  of  the  within  de.-rrihed  in, n't  in  VrnusnV  T.-l..,,.,..  "i  ,MM 

Iliat  lie  does  not  know  and  does  not  believe  that  ihe'snn  !  ^ll,,ar,""f'  1 
known  or  used  ;  and  Unit  he  is  a  citizen  oi  the  fnited  States.' '  ''''  *‘f 

Sworn  before  me  the  day  and  year  above  Verit!  A‘  ''‘IJIS0N 

[t„  s.j  Ciias.  It.  Smith 

Notary  Public. 

Essex,  and  .State  of  Xew'.b-rsc, 
I'elegt-apli  Apparatus,  of  whirl! 

It  farther  ennsists  in  d,. vires  f(,r  throw, •„  . 

ctteui,  withon,  intern,,,,,-,,,  its  eon-inni,  '"  * 

if  rilttlllT  COllJjisf.s  .|,.ri„t* 

morion  by  a  nwchuuic*}  ’n!" T °f.  SJ)rin-  I**»i.lnlni,w<  * 

wlneh  jiemlnlums  are  of  different  ieie-ih  ’-  1  10  or  "'"••leelm.mai: 

eells  in  the  eirenit.',,'  -i  vl  !  *.  1 1  1 1 ‘ ' "  'hrnu  a  main  bafterv  n'f.'sa 

"'liile  pend, linn,  Xn.  s  wi„  1,1  "««  seeornl. 

by  or  ,,r  —’mi!1 S',?, 

spring  jN-ndiilnm  oTe,, lem-th'oM  fwi,h  |>end„!,„„ 

wm  make  the  same  number  of  wh'  In  '  "  l°mh  nn'1  tin, 

pend n 1 11  in  being  used  for  Hie  nnrnose  t  "  ;  this  seeoml  sp, 

foreontnei  pui-jawes  longer  or shorter  a, m '"‘'‘’i'" ’’  W<!,v  ,I"J  I",'"ltllnm  11 
ibnitions  i„  „  .second  tl„,i.  .he  prinr  r,  w LT'i “  "  "'1‘:ltor  ov  l««  »'<mb 
,,nd  ,',:rvfm  ir  from  'i  bin  tin,,  ;}  . ,  *  *  “‘""'-fr  «o..M  net ,«  „  da, 

.  "■  invention  further  consists  in  1  T*-1  or’‘l,t'  least  to  a  great  ext,., 

S‘:Tr  Mo,*°  “I’lcinitus.  phieeil'TmV1'  tl,L*  eonjum 

"’.ves  winch  Will  easily  vibrate,  ■°».,«»onnni,„„|i„g  boxes 
pendulums,  at  different*  vll  3L  J««,  a  number  of  s, 

1 10  '';lnsmi,ii„g  sintion.  „mk K  Sl-JT ^ 

I htse  pendulums,  unlike  t|t  vibi-.  t  •'  ,W  of  vil""lt'"»s. 
nJ  ic.of',’’  "‘Vl-‘  conn«"ion  with  ,l  e  ^  '?eitM"gS  l,-v  Elisl'»  Ontv 

•»-  *  ** , CSZ'S. u'“ 

sages  over  a  sbei  r,  •,  0""',|u'1  to  tll"ls"lir' 11  tfienler  number  of  mcs 

wb  ,  :r; umiit  !,t  '«“«•>  than  is  possible  with  the  devices  of  Grav 

"lm, ~  Pn"-'-,r,  an,!  severs  the  eontinuitv  of  Mm  eire,d,.  ' 

spritm  ,,  ne I," “m  !  ,7  “T'"1?  in  isochronous  eon, no, 

tio.  so  ,,,  I  ,  1  .tl"!.vll""',"i«  sl,m,g  pendulum  „t  the  receiving  stu 

. . .  m . *  >"> 

roeeivi,e"'i,!sLo^r'S  f'0  'm""W  of  col"1,''L'tillS  the  transmitting  and 
such  s  mi,  m  ?  S  ,T  the  hatterv  at 

in  ' ,,  ,d  o ,  kS  m""U  !'l,li,rlt-vl,s  ti|u  other  stations,  and  he  thrown 

!  "ul  ,,llt  "-11110111  lire, iking  the  circuit;  also,  in  placing  each  receiving 
"istrument  111  a  derived  circuit  from  the  main  line  hv  the  use  ,  £  ?! 

?'  ??  .  '  'hiul,]l1!i1'°  l>»Kl'lce  !1  slairpness  in  the  waves  of  eavrent  which,  on 
long  lines,  would  he  apt  to  ran  together  and  produce  a  constant  closing  of 
the  circuit  without  any  breaks.  ® 

Tn  figs.  I  and  2  are  shown  tho  transmitting  instruments  ;  both  are  alike 
except  that  the  spring  pendulum  2  in  lig.  [  is  longer  and  beats  a  lessor  min,! 
bor  of  times  than  the  pendulum  2'  in  lig.  2. 

1  lie  pendulum  is  secured  to  r  lie  lever  of  the  sounder  magnet  A,  which  is 
operated  by  a  local  battery  L  B‘  mid  key  K. 

'I’liis  lever  it  strikes  upon  the  pillar*-!,  ami  has  an  upper  limitin"  screw 
0  ;  also  a  retraetihle  spring  8.  0 

. !>  11  P'lhir  to  which  is  secured  tin-  isoi-hroimusly  viluat inir  contact 

spring  7,  which  rests  against  theeoiilael  limiting  screw!,',  when  in  a  state 
of  rest  placing  the  battery  in  eirenit. 

no  play,  and  t lie  lever  x  striking  against  the  resonant  bridge  12,  sets  the 
pendulum  151  vibrating,  and,  being  adjusted,  make  the  same  number  of 
vibrations  per  second  as  2;  in  lig.  I  it  will  continue  to  vibrate  as  long  as  2 
is  kept  vibrating, 

ecaru  two  isoelmmously  vibrating  contact  springs  connected  to  the 
sounder  if.  and  local  battery  L  I?',  and  are  so  connected  to  the  pendulum  13 
flint  it  touches  neither  when  in  a  slate  of  rest. 

Tlte  apparatus' shown  in  lig.  -t  is  the  same  as  in  lig.  !i,  except  its  pendu¬ 
lum  vibrates  a  greater  number  of  times  per  second  and  is  adjusted  to  2'  of 
fig.  2. 

In  figure  !l  is  shown  a  larger  view  of  the  receiving  instrument. 

In  lig.  0  is  shown  the  method  of  connecting  tho  receiving  and  transmit¬ 
ting  instrmnoms  at  end  uml  way  stations. 


hiM/i.  Tlio  method  shown  for  producing  sharpness  mid  Mie  vibrations, 
by  pinning  the  receiving  instrument  in  it  derived  circuit  and  resistance,  and 
shunting  tlio  sumo  with  u  .condenser.' 

Eighth.  Tlio  mol  hod  shown  for  trnnsi 
from  slulion  A,  without  passing  through  t 

Signed  by  mo  this  22d  day 

You  tire  hereby  notified  that,  application  1ms  boon  made  to  this  oilier  for 
Loiters  Patent  for  Impts.  in  Harmonic  Telegraphs  with  which  tlio  invention 
described,  1st,  prohubldiluiui  in  your  caveat,  tiled  on  the  2d  day  of  Decem¬ 
ber,  lS7d,  apparently  interferes,  and  that  said  application  has  been  deposited 
in  tlio  conlidontial  archives  of  the  otlice  under  provisions  of  section  -1,002  of 
the  Devised  Statutes  of  the  United  States,  which  section  reads  as  follows  : 


Dim  ttioiiMitiiil  Oitrlir  liiimlruil  ami  eighty-one,  ami  of  tile  Inti 
purtdetme  of  tho  United  Status  Hie  otto  hundred  and  fifth. 

H.  M.  MARBLE, 

(Casu  No.  7:1.) 

To  tho  Honomhlo  Commissioner  or  Patents  of  the  United  Status: 

The  petition  of  'I’ltonias  A.  Edison  of  Newark,  in  the  County  of  Esso 
and  State  of  New  dorse, v,  respectfully  represents, 

That  your  pelioner  has  invented  a  certain  new  and  useful  improvemot 
in  Multiplex  Telegraphs,  and  that  lie  is  now  engaged  in  making  experiment 
for  tlie  purpose  of  perfecting  the  same  preparatory  to  an  application  ft 
Letters  Patent  therefor. 

Ho  therefore  prays  that  the  annexed  description  of  his  said  inventio 
may  be  liietl  as  a  Caveat  in  the  confidential  archives  of  tho  Patent  Oilici 
agreeably  to  the  Act  of  Congress  in  flint  casu  made  and  provided  :  he  hat 
ing  paid  ten  dollars  into  the  Treasury  of  the  United  States,  and  otherwi; 
complied  with  t lie  requirements  of  the  said  Act. 

llespectfnllv  vein's, 


New  York,  January  lii,  1S70. 


City,  Count u  and  Statu  of  JYew  York  : 

On  this  thirteenth  day  of  January,  in  the  year  one  thousand  eighthm: 
drod  and  seventy-six,  before  the  subscriber,  a  Notary  Public  in  and  for  sai 
State,  personally  appeared  the  within  named  Thomas  A.  Edison  and  mad 
solemn  oath  that  lie  verily  believes  himself  to  be  the  original  and  first  invet 
tor  of  the  within  described  Improvement  in  Multiplex  Telegraphs  and  tint 
lie  does  not  know  and  does  not  believe  that  tho  same  was  ever  before  know 
ir  used  t  and  that  he  is  a  citizen  of  the  United  Status,  and  a  resident  of  Nov 
irk,  N.  J. 


Sworn  before  me,  the  day  and  year  above  written. 

I-I.  M.  llAIGII,  (00), 

Notary  Public, 

N.  Yr.  Co. 

[L.  S.] 

it  tin.'  shaft  /should  revolve  wiili  gwit  regularity  :  ntod- 
liNieient.  in  fart  Ihoiitlt  or  fitli  wheel  of  a  train  of  goar- 
a  fy  revolves  with  snlheient  regularity  to  serve  the 

heels  half  of  theeirrninferenee  of  each  being  inlaid  with 
nee,  and  the  wheels  are  so  arranged  that  the  insulating 
•heel  is  immediately  opposite  the  nietnllie  or  contact 
1  wheel.  Those  wheels  are  rapidly  rotated  by  the  electric 
a  two  contact  points  connected  to  /!•.  and  b  of  the  reeds 
and  M.  the  reeds  g  and  //.  being  both  connected  to  the 
vlien  ti  lth  keys  are  closed  and  both  roc. Is  are  vibrating 
arc  sent  out.  bn! not  <1/  thr  saw  /hut' :  while  the  point 
the  metallic  portion  of  the  wheel  it.  the  reed  h  transmits 
it  the  rate  of  l  i  t  per  second,  while  no  waves  from  g  can 
it.  is  resting  upon  the  insulating  surface  of  wheel  4,  lint 
rds  llie  position  of  c  and  d  change  d  passing  on  the  mo- 
teel  1 1.  (a  and  li  are  commoted  to  line.)  and  allowing  the 
aves  at  the  rale  of  !1G  per  second. 

elutions  of  the  wheels  a  and  li,  is  extremely  rapid  tho 
transmission  of  timid  “bonis"  composed  of  dilferent 

uui.  i  ne  met  nod  ol  recording  Homan  or  other  letters  shown  in  Jig.  9  Ir 
series  of  vihrating'reeds. 

Signed  l)v  mo  tills  I3lli  day  ) 
of  January,  I S7C.  ( 



I{.  M.  IL\  ton, 



(No.  78.) 


Thomas  A.  Edison,  Assor  to  Western  Union  Telegraph  Company, 
of  Newark, 

County  of  Essex, 

State  of  New  Jersey. 

Multiplex  Tolgraphs. 

department  op  the  interior, 

'  Office. 

To  alt  persons  to  whom  these 

ie  presents  shall  come,  Orecliny  : 

This  is  to  certify  that  the  annexed  is  a  tnio  copy  from  the  files  of  tills 
ce  of  the  Pile  Wrapper  Contents  and  Drawing,  in  tin*  matter  of  tin;  Caveat 
Thomas  A.  Edison,  Assor.  to  Western  Union  Telegraph  Company,  filed 
•nary  14th,  1870,  for  Multiplex  Telegraphs. 

In  testimony  whereof,  I,  E.  M.  Mabbms,  Commissioner  of 
Patents,  have  eaased  tile  seal  of  the  Patent  Oilieo  to  he  here- 
[t.  s.]  unto  niiixud  this  twenty-fourth  day  of  November,  in  tile  year 
or  onr  Lord  one  thousand  eight  hundred  and  eighty,  anil  of 
the  Independence  of  the  United  States  the  ono  hundred  and 

E.  M.  MARBLE. 


(Case  74.) 

To  the  Honorable  Commissioner  of  Patents  of  the  United  States  : 

Thu  Petition  of  Thomas  A.  Eniso.v,  of  Newark,  in  the  County  of  Essex, 
and  State  of  New  Jersey,  respectfully  represents: 

That  your  petitioner  has  invented  a  certain  now  and  useful  Improve¬ 
ment  in  Multiplex  Telegraphs,  and  that,  he  is  now  engaged  in  making  experi- 
mens  for  the  purpose  of  perfecting  the  same,  preparatory  to  his  application 
for  Letters  Patent  therefor. 

He  therefore  prays  that  the  annexed  disruption  of  his  said  invention 
may  be  tiled  as  a  Caveat  in  the  confidential  nrchieves  of  the  Patent  Oftice, 
agreeably  to  tlio  Act  of  Congress  in  that  case  made  and  provided;  lie  hav¬ 
ing  paid  ten  dollars  into  the  Treasury  of  the  United  Strates,  and  otherwise 
complied  with  the  requirements  of  the  said  Act. 

Respectfully  yours, 


New  York,  January  13,  1870. 


City,  County  and  Stale  of  iVeio  York  : 

On  this  thirteenth  day  of  January,  in  tlio  year  one  thousand  eight  hun¬ 
dred  and  seventy-six,  before  the  subscriber,  a  Notary  Public,  in  and  for  said 
State,  personally  appeared  the  within  named  Thomas  A.  Edison,  and  made 
solemn  oath  that  he  verily  believes  himself  to  be  the  original  and  iirst  inven¬ 
tor  of  the  within  described  Improvement  in  Multiplex  Telegraphs,  and 


United  Statks  Patent 
lo  wborn  these  Presents  shall  ec 
if}'  Mint  the  annexed  ii 

To  all  Pern 

This  is  ... _ j  . llIllll;,v,.u  IH  ., 

oflico  of  (ho  File  Wrapper  Contents  nncl  Dr 
of  Thomas  A.  Edison.  Assor 
Acoustic  Telegraphs. 

>ie,  Greet  inf/ : 

copy  from  tlio  lilos  of  this 
;in  Mio  matter  of  tlie  Cavoa, 
n  Telegraph  Company,  l'oi 

Tn  testimony  whereof  I,  W.  II.  Dooi.rrTi.E,  Acting  Commis 
sioner  of  Patents,  have  caused  the  Seal  ot  the  Patent  Oftice 
to  he  hereunto  nllixed,  this  twenty-sixth  day  of  A  jail,  in  flu 

[a.  s.J  year  of  oar  Lord  one  thousand  eight  hundred  and  eighty, 
and  or  tl  I  1  j  e  1  the  United  Stales  the  ohe  hum 

dred  and  fourth. 

Acting  Commissioner. 

To  the  Honorable  Commissionor  of  Patents  of  the  United  States : 

The  petition  of  Thomas  A.  Edison,  of  Newark,  in  the  County  of  Essex, 
nnd  State  of  New  Jersey,  respectfully  represents: 

That  your  petitioner  has  invented  a  certain  new  nnd  useful  improvement 
in  Acoustic  Telegraphs  (Caveat  7f>),  nnd  that  ho  is  now  engaged  in  making 
experiments  for  the  purpose  of  perloetmg  the  sumo,  preparatory  to  his 
application  for  Letters  Patent  therefor. 

Ho  therefore  prays  that  the  annexed  description  of  his  said  invention 
may  he  filed  ns  a  Caveat  in  the  confidential  archives  of  the  Patent  Ofllce, 
agreeably  to  the  Act  of  Congress  in  that  case  made  and  pro.  ided ;  lie  having 
paid  ten  dollars  into  the  Treasury  of  the  United  States,  and  otherwise  com¬ 
plied  with  the  requirements  of  the  said  Act. 

Respectfully  yours. 


New  York,  January  13th,  1870. 


City  County  and  Stale  of  Now  York  ; 

On  this,  thirteenth  day  of  January,  in  the  year  one  thousand  eight 
hundred  and  seventy-six,  before  the  subscriber,  a  Notary  Public  in  and  for 
said  State,  personally  appeared  the  within  named  Thomas  A.  Edison,  and 
made  solemn  oath  that  lie  verily  believes  himself  to  bo  the  original  and  first 
inventor  of  the  within  described  Improvement  in  Acoustic  Telegraphs,  and 
that  lie  does  not  know  and  does  not  believe  that  the  same  was  ever  before 
known  or  used,  and  that  he  is  a  citizen  of  the  United  States. 


Sworn  beforo  me,  tlio  day  and  year  nbovo  written. 

II.  M.  HAICtll  (90),!  sounder.  is i i\v,  \vJiimi  tlio  key  Is.'  is  allowed  to  rise*,  iinotlioi 
!ivi*s  puss  over  tin*  line  cl»1>iiiir  tin*  interval  that  tin*  key  lever  is 
in  one  point  to  file  other,  mill  this  sound  lieiinl  iii  the  resonnloi 
s.'onil  sound  necessary  to  eompleto  u  perfect  dot.  By  thus  trims- 
waves,  massacres  can  lie  transmitted  in  the  usual  manner  and 
i  reinai'kalile  facility  from  this  resonator,  or  from  (lie  sound  pro¬ 
file  movement  of  reeds  or  tuning  forks  heating  isoclirononsly 
msmilting  reed,  L,  is  the  magnet  at  the  receiving  station,  4,  is  it 
r  liar  of  iron,  in  contact  with  the  cores.  The  magnet  L  is  placed 
cli  of  the  main  circuit,  with  an  adjustable  resistance  coil  R.  The 
ill  lias  a  large  electro-magnet  placed  within  tliesecond  derivation, 
if  which  is  to  transmit  inductive  currents  through  the  smaller 
In  cause  if  to  act  quicker.  The  resistance  coil  R  may  be  shunted 
leaser,  which  increases  the  effect,  and  even  the  electro-niagnot  I 
nted  with  another  condenser,  which  will  also  increase  the  effect. 
Ifeltnhol/,  resonator  of  a  size  which  allows  its  column  of  air  inside 
motion  by  the  waves  from  B.  S  is  a  second  resonator,  having  a 
Ilium  of  air,  which  is  only  set  in  motion  by  the  waves  from  A. 
le  2  is  shown  another  method  of  throwing  hnlleries  in  and  nut 
i.v  devices  operated  by  the  vilualing  reeds.  When  the  reeds  are 
let  with  the  spring  points  I,  the  liattery  is  in  the  main  circuit,  but 
;ed  is  drawn  forward  by  the  action  of  the  eleetro-miignet,  it  sop- 
pring  I  from  the  point  2,  nml  disconnects  the  liattery  I)  from  the 
same  time  preserving  the  continuity  of  the  circuit.  The  snmu 

nsmitliiig  keys  tuny  lie  made  to  short-circuit  the  batteries  I)  and 
lie  maimer  as  in  lig.  1,  or  the  butteries  mny  lie  thrown  in  and  out 
i  lliu  same  manner  as  in  the  ordinary  duplex  telegraph, 
o  3  is  shown  another  method  for  throwing  currents  in  and  out 
mil  devices  for  Iransmitting  the  wnves  in  u  proper  ninimor  to 
Is  ami  dashes,  A  and  B  are  the  self-vibrating  transmitting  roods, 
tile  main  line  onutnet  points,  which  are  'connected  in  the  butte- 
d  M  B',  the  other  ends  of  which  are  connected  to  n  piece  of 
led  in  tile  insuhilimr  blocks  d  and  d't  nassimr  over  tile  surface  ol' 

creasing  nmt  decreasing  or  throwing  m  mul  out  of  the  main  ciruuit  the  bat¬ 
tery  currents. 

2d.—' The  metliod  described  of  transmitting  dots  and  dashes  by  sending 
short  waves  composed  of  many  vibrations,  two  short  waves  occurring  close 
together  to  form  a  dot  and  two  short  waves  not  occuring  so  close  together  tc 
form  dashes. 

3d, — Translating  from  composite  sounds  a  given  sound  by  means  of  re- 
sonn tors  having  columns  of  air  for  telegraphic  purposes. 

4th. — Tile  use  of  polarized  vibrating  reeds  turning  forks  or  bodies  fol¬ 
lowing  the  laws  of  the  pendulum  when  the  same  are  set  in  motion  by  tin 
action  of  reverse  currents  transmitted  from  a  battery  or  derived  from  induc¬ 
tion  substantially  as  shown  in  figures  7, !)  and  Id. 

nth. — -The  method  of  automatically  vibrating  the  reed  substantially  a> 
shown  in  tig.  11. 

Oth. — 1 Thu  method  shown  in  figs.  12,  13,  14,  IS,  17  and  IS,  whereby  flu 
column  of  air  in  a  resonator  is  set  in  motion  for  the  purpose  specified. 

Signed  by  mo,  this  thirteenth  day  of  January,  1870. 


Witnesses  : 

IT.  M.  ITa  to  it. 

Wm.  C.  OsTitAsmtu, 


PAGE  577. 

jScou-^cl)/  y$~~' 

iZ^J^ocvs  /<£  /gy^ 

jtccnjuTic  A 

Telephone  Interferences  [Volume  2] 

The  following  printed  Edison  patents,  inserted  into  the  volume,  have  not  been 
















Relay  Magnets  (1873) 

Telegraph  Apparatus  (1875) 

Telephonic  Telegraphs  (1877) 

Telephonic  or  Electro  Harmonic  Telegraphs  (1877) 
Acoustic  Electric  Telegraphs  (1877) 

Telephonic  Telegraphs  (1877) 

Acoustic  Telegraphs  (1876) 

Electro  Harmonic  Multiplex  Telegraph  (1876) 
Speaking  Telegraph  (1878) 

Speaking  Telegraph  (1878) 

Speaking  Telegraph  (1878) 

Speaking  Telegraph  (1878) 

Telephone  or  Speaking  Telegraph  (1878) 

Speaking  Machines  (1878) 

Telephone  (1879) 

Third  Edition.] 

A.  D.  187“,  iiOTII  JULY,  XO.  2009. 

Controlling  by  Sound  the  Transmission  of  Electric  Currents, 
and  the  Reproduction  of  Corresponding  Sounds  at  a 

LETT  1C  US  T  A  TEXT  to  Thomas  Alvn  Edison,  of  Menlo  Park,  in  the  Stal  e  of  Now 
Jersey  United  States  of  America,  for  the  Invention  of  “  Imciioviimiints  in 
Instuumi  ms  i  on  Com  not.  ijno  uv  Sound  rtn:  To  \mmi~ioMou  lCi.mmo  Cun- 
kk.vis,  and  Tin:  i!i:n:onucno.v  or  ConnicscoNniNt!  Sounds  at  a  .Distanoh."’ 

PROVISION  A  I.  SPECIFICATION  left  hv  the  said  Thomas  Alva  Edison,  at  the 
utlice  of  tlie  Connni—innei*  of  Patents  on  the  tluth  of  July,  IS77. 

Thomas  Edison,  of  Menlo  Park,  in  the  Slate  of  New  Jersey,  United  Stales 
of  America.  “  Improvement  in  instruments  for  controlling  hv  sound  the  trails, 
mission  of  elect i it  currents,  and  the  re]iroduetiou  of  correspondii!"  sounds  at  a  dis- 

iciiiL'il  of  nroimriiiL'  fiber  for  clootie  tonsic 

D.  1S77 _ No.  2009. 

•>ls.  ill  Controlling  by  Sound  the  Transmission  of  Sleet, 

V  in  said  circuit,  and  a  call  or  sounder  at  the  dista 

li.  The  combination  with  a  diaphragm  of  rheostat 
1  circuit,  and  means  tor  short  circuiting  such  resist 
nt  of  the  diaphragm,  substantially  as  set  forth, 
n  combination  with  an  electric  circuit  cohtailiin 
mud,  one  or  more  electro-magnets  and  one  or  n 
•  the  inductive  effect  of  adjacent  telegn 

whereof,  I,  the  said  Thomas  Alva  Kdison,  have 
and  seal,  this  twenty-fourth  day  of  December,  A. 


Chambers  Street,  New  Vork. 

Telephones  and  Apparatus  Employed  in  Electric  Circuits. 

LETTKU8  I'ATKXT  to  Tliuimis  Alva  Edison,  of  Menlo  Park,  in  the  State  of  New 
Jersey  United  States  of  Amefien,  for  the  Invention  of  “  Imi'uovkme.nts’in 

TiM.IM'llllMCS  ami  A PI'AIJATI'S  K.Ml’I.OVKi)  IX  KtXCTlIfU  ClIlKtMTS.” 

PUOV1SIOX  A  I,  SPECIKIUATIOX  left  l>v  said  Tliomas  Alva  Edison  at  tlio 
Ollico  of  th«  Coniniissioin-W  of  Patents  on  the  15tb  .Innc,  1878. 

'I’noMAs  Aim  Kimson,  of  Menlo  l’ark,  in  the  State  of  Now  Jersey,  United  Stntcs 

Aitaii.vits  umi’I.ovei)  i 

|„  rtii-  a . . rains  I  ninlio  she  of  a  plate  or  body  against  which  the  sound  waves 

•(  tl  I  (bore  act  and  eonnected  Iberewilli  is  a  button  or  buttons  of  onrbon  or 

''Tirirtmij';. . 

enrrents.  and  an  mdnrnon ,  e;a  or  j •»  '■  ,|iu,,ti„n.„u,.  011t.  line.  Tlie  reeeiving 

bo  sent  nn.l  me-ngi  -  t,j,t,vm'-mngnel  and  an  armature  formed  of  an  iron 

''rrr/b.a  'm’lud  Swf l  ituutid  or  ripcllid  SO  as  to  strike  upon  tbe 
'o1”,. call,  ami  a  stand  b 

to  keep  tbe  telepbono  instruments  in 

from  K!  works  tlioloujttimi  of  Mil  polim/oil 
lie  tntiffiies  olnsinjx  ii^aiiint  tliuir  i-untiurt  Jwui 
II  bell  II. 

Is  omplovoil  with  llti‘  loleplwnos  is  utili/.oit 
I  hi*  inuiMiiittcr  A  aro  from  the  lmllory  K  liv  \ 
olio  A  to  win;  2d,  nml  from  2’J  to  lfi,  through 
i),  anil  to  win;  2!t,  linok  to  Union .  This  is  I 
iiooiviuj*  U'lopWiiraHv-.  Wliiai  not  thus  wi 
ntrnl  position  hotwonn  loainl  Hi.  Wlion  in  tli 
station  is  niovoil  to  nporntu  tlieinill,  tin;  tonjriie 
o  t tv  win;  '-‘I  to  hatlorv  K.  anil  llnotiph  K  li 
s  of  the  Ih'II  call  to  win;  2(1,  ami  thou  lliroitok 
troll  tlio  switoli  ('  is  iiiihoi)  to  work  the  ilistan 
III.  ami  tho  I'lirront  passos  from  K  hv  wiro  : 
im  in  win;  |l.  tlioiiia;  to  •J.'t.  link  to  the  hallo 
noil  i'lirront  in  the  mil  K  anil  lino.  I  will  m 

polarizoil  rolav,  as  an  niipnlari.Noil  relsiy  of  ill 
In;  onrront  ilno  to  tin;  oponino  of  t he  primiin 
l'  luvor  of  the  nnpolari/.oil  rolav  shonlil  ho  lijjl 
t  . . .  to  use  the  call  holl  II  in  man 

A,  D.  1878 _ No.  2:)9li. 

n  Telephones  and  Apparatus  Employed  in  Electric  Circuits. 

longitudinal  section  of  a  transmitter  lifted  with  this  improvc- 
a  cross  section  tit  the  line  ,r,  x. 

isnlntino  tnntoriiil  tlivideil  hy  n  partition  If  into  two  compart- 
it h  n  conducting  fluid.  In  each  cell  is  an  electrode  of  plutinns 
ll’tor,  one  of  which  is  connected  to  the  lino  wire,  and  the  other 
irtli.  The  top  portion  ol  the  partition  If  is  slightly  hollow, 
2  for  the  third  and  current  to  circulate  from  one  cell  to  tho 
the  face  of  the  cylinder  is  a  flexible  head  of  mica,  rubber,  or 
material  c  impervious  to  the  fluid,  and  over  this  is  a  secured 
a  slot.  When  the  cap  e  is  securely  fastened  to  the  cylinder 
nts  any  of  the  fluid  circulating  from  one  cell  to  the  other, 
tall  aperture  at  2  made  hy  the  curve  on  the  end  of  the  parti- 
ith  a  mouth-piece  A,  and  at  one  side  of  the  hex  is  secured  tho 
n  the  iliphragtu  is  a  pieco  of  cork  I,  which  extends  outwiiid 
the  slot  in  the  cap  r  on  the  head  of  the  cylinder  15,  and  como, 
iea  or  rubber  llexiblo  head  c,  to  which  it  may  ho  secured  hy  a 
s  is  not  actually  necessary.  The  operation  is  is  follows : — 
/  is  properly  adjusted  to  tho  diaphragm  in  tho  cylinder  15,  tho 
on  of  the  fluid  from  one  coll  to  the  other  is  very  narrow.  If, 
s  set  in  vibration  hy  a  sound,  the  passage-way  is  increased  anti 

.-Hint! ion,  thus  increasing  and  decreasing  the  resistance  to 
from  one  cell  to  the  other,  owing  to  tho  alteration  in  tho 
„-,  If  the  amplitude  of  the  diaphragm  is  very  great,  tho 

gather,  closed  at  the  forward  movement,  and  widened  ti 
ickward  motion ;  and  if  the  amplitude  is  small  only  i 

hiipfa.  in  Telephones  anil  Apparatus  Employed  in 

-•utli.  Tlic  carbon  transmitters  h,  h\  ami  induction  coil  I), 
<•,  l-'iu.  11,  in  comliination  with  the  batteries  11,  15,  and  electric  ( 
Iv  as  and  for  the  purposes  set  forth. 

nth.  The  carbon  button  k  and  disks  I,  2,  in  combination  wi 
oof  the  speaking  tube,  arranged  and  operating  as  shown  in  and  dei 

mb.  Tim  combination  with  an  induction  coil  ot  a  diaphragm  that 
sindi  induction  coil,  and  gives  out  sonorous  vibrations,  substant 

fli,'  In  . . donation  until  the  balanced  circuits  shown  in  Ft 

i  instrument  included  in  one  circuit,  nud  acting  to  vary  the  elect 
the  line  by  the  resistance  that  is  controlled  by  the  sound  vi 
lly  as  set  forth. 

-tSrst.  A  transmitting  telephone  containing  a  vnriablo  resistance 
renit  and  a  body  acting  by  inertia,  to, vary  the  resistance  in  pro 
ml  vibrations,  substantially  ns  described  in  connection  with  Fig,  It 
•second.  The  induction  coils  in  local  circuits  or  shunts  at  way  sta 
»n  with  the  telephonic  instruments,  also  in  such  circuits,  substan 
.e  purposes  described  in  and  as  shown  in  Fig.  It). 

.third.  The  carbon  transmitter  h,  lever  X,  and  diaphragm  <r,  arm 

o',  Fig.  22,  of  the  lc 

..eighth.  The  diaphragm'  of  tile  (ulopliomt:  instrument  conneeieu  to  n  noni 
e  containing  mercury  and  water,  mild  di:i]>lira^iu  being  vibrated  liv  the 
if  the  mcreiiry.  substantially  as  described  in  eonucetion  with  I" iff.  *10. 

-ninth.  The  telephonic  transmitter,  Kig.  47,  made  with  a  mien  condenser, 
if  ilises,  secured  to  the  diaphragm,  und  provided  with  an  adjusting  screw  tor 
ig  tlie  disks,  as  specified. 

witness  whereof,  I,  the  said  Thomas  Alva  Edison,  have  hereunto  set  my 
d  seal,  this  27th  of  November,  A.  It.  187S. 

THOMAS  AI.VA  EDISON.  [>■•  *■! 

PAGE  606. 


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5  I  8  SS 

4  1  i>  a 

complete  »et  nf  lvIiMin’s  Telephone",  cuinprMUg  tlw  In 
nilirirnittiiiLT  untl  receiving  vocal  sounds,  some  of  the  upp 
untiiti  within  two  nr  three  days  previous  to  his  leaving. 
ihoneS  inventeil  by  other  persons  lind  iieeu  tried  previously 
wing  to  their  iii:tl>i1ity  to  overcome  the  “  induction,”  or  ulet 
vires,  which  rendered  the  speaker's  words  inaudible  to  the  r 
vor,  both  in  Knghmd  and  this  country,  elleetnally  cotnpicn 
aces,  oven  upon  the  duplex  and  ipiadruplex  wires,  with 
rom  two  hundred  and  tiftv  to  tiiree  hundred  cells  each, 
evore  test  ever  given  any  Telephone,  iiis  instrument  dill 
ito  fact  that  Hell's,  Dray's  and  Phelps  are  all  worked  w 
vliielt  have  only  a  limited  capacity,  as  there  is  no  battery 
sfToetivo  in  small  local  circuits  titan  in  lotto  distances  w 
, vires  interferin';,  Kdison's  is  upon  the  electro-carbon  t 
Itimll  lintterv  which  is  capable  of  being  intensilied  in  an  a 
pother  with  a  small  IJiihinkurlT  coil.  Under  the  most  sc 
im,  been  found  to  operate  perfectly,  and  lias  been  distinct 
350  miles.  Mr.  Adams  stated  that  u..t withstan«li»J?  the  fre 
»mph  wries  are  under  ground  and  are  therefore  much  inori 
Telephone  upon.  Kdison’s  invention  stood  the  te-t  sueeessft: 
perfect;  It  is  probable  that  a  company  will  be  formed  tn 
tlto  sole  right  to  use  his  invention  in  (ireat  llritain. 

On  Thtirsdnv  next  another  severe  test  will  lie  given  t 
fessor  Joseph  Henry,  of  tl.e  Smithsonian  institution,  who 

non,  carrying  with  hi 
ite-t  improvements  f 
stratus  having  been  i 
.  Several  of  tlie  ’To 
in  Kngland  but  failt 
ctrieal  force  of  the  otl 
•eeeiver.  Kdison's  ite 
ed  all  electrical  distill 
their  batteries  rangi 
whit'll  formed  tlie  m 
i'ers  from  tlie  otliers 
ith  permanent  uiagiu 
nttaelied.  lin'd  lire  m 

te  instrument  by  P 
dll  operate  it  hetv 

. . .  I  .H»MI  Ml  lilt!  t'lutll  1*1  Ilf.  \l  HI . .  tin.  hvII  known  Wll.-I 

i  list rouomer,  read  his  paper  nn  •*  A  Plan  fur  Measuring  the  Velocity. 
’  Prof.  Newcomb  Iiiis  h  li-ink.  lnnnisonn*.  rather  boyish  flirt',  adorned  In 
f  iliirk  siilo  u  hiskcrs.  mill  sotailiugly  too  youthful  Innkiu.i;  In  lie  tin-  face  of  t! 
;;  li vin«j  authority  mi  astronomy  Ilis  essay  was  marked  by  tlio  scionlilir  pr 
.  force  anil  boldness  characteristic  uf  him,  the  fundamental  idea  In-ini;  tl 
inn  of  light  from  n  considerable  distance,  say  ono  or  two  miles,  iiv  mrntis  i 
■s,  tints  avoiding  ninny  errors  now  inseparable  from  tlie  ordinary  plan  in  ns 
I'l'S  on  this  paper  were  made  by  Profs.  Pickering,  Peters,  Young,  Dingle 
lexander.  Prof.  William  A.  Norton,  of  New  Haven,  Conn.,  then  foil, nve 
paper  on  “  The  Effective  Poree  of  Molecular  Action."  Prof.  Norton  is 
•oml-slioiildereil  savant,  showing  tliere  is  a  nmseiihir  Science  as  well  as  mu 
'll ri-tiaililv.  His  fneo  hears  a  strong  re-emhiaiue  to  Clinrles  Siilniier,  wit 

or  lines,  revealing  a  . re  aggressive  and  vigorous,  if  less  arlistie,  intellee 

s  nlile  and  exhaustive  |iuper,  the  following  eritieism,  made  Iiv  a  member  e 
•ademy,  expresses  the  sense  of  the  mnlienee  ns  to  the  force’ of  its  analysis 
.‘Cities  are  very  small  things,  hut  the  Professor  has  a  --rip  on  them  f Ini 
P  but  a  stri'.ih  of  lightning  or  a  gallon  of  Scotch  whishey  can  relax  or  shah 
I tiscnsscd  by  Profs.  Pearce  and  Alexander.'  Prof.  Peters  next  rea  l  hi 
arks  on  the  Value  of  the  Ihrsuft  Obtained  for  the  Solar  Parallex  from  ill 
It  Telescopic  Observations."  in  which  he  exposed  the  errors  of  Avry,  am 
1  the  English  value  was  not  to  lie  taken  as  the  correct  one.  Discussed  le 
Newcomb,  Dingley,  Voting,  A  lexander,  Tubman  and  Collin.  Prof.  1C.  li 
of  New  Jersey,  then  read  Ids  essay  on  “The  Vertebrate  Patina  of  tin 
m  Period  of  the  United  States."  i'rof.  Cope,  who  is  estimated  one  of  tin 
ndest  paleontologists  now  living,  spoke  with  much  earnestness  and  force 
mg  thorough  mastery  of  his  subject,  and  throwing  much  light  .on  its  com 
:s.  lie  described  three  very  remarkable  types  of  vertebrae  of  animals  of  tin 
in  period,  in  which  the  rhonhi  i/ortta/ix  is  persistent,  and  showed  there  wort 
'  modifications  of  the  vertebral  elements.  He  had  not  completed  Ids  papo 
announced  that  the  hour— four  o’clock— had  arrived  when  the  Academy 
tation.  was  to  receive  the  celebrated  inventor,  MV.  Thomas  A.  Edison,  who 
phonograph  and  specimens  of  various  telephones,  bad  come  to  Washiugtoi 
iiv  to  enable  tlio  Academy  to  witness  the  workings  of  his  wonderful  discov 
Prof.  tie.).  P.  Marker,  nf  the  University  of  Pennsylvania,  introduced  Mr 
to  the  Academy,  and  Prof.  Marsh,  the  Vice  President,  welcomed  ldm  in  i 

i  street  nml  Pennsylvania  avenue,  in  Wnshinolnii,  wh 
iic  their  i  oinei-olinn  at  a  distance,  while  the  profcK'oi 

ne  and  b.itfai'hiiie. 


rttphii'  Journal,  ,/iininiry  I,  |s*S, _ It/..  ,V„  | 

if;  Telephone  of  Mr.  Thomas  Hi, isos,  the  distill, 
,  followed  hard  on  the  hack  of  Professor  Hell's,  and  is 
althonoh  the  articulation  is  not  so  perfect,  ami  the  appa 
led.  Its  action  is  based  cm  the  disenverv  of  Mr.  Kdisoi 

operlv  of  diminisWtij;  in  . . dor  pressure  in  a 

io  pressure.  This  nuwiv ‘discovered  property  uf  nli 
i  a  useful  one  in  telegraphy.  Mr.  ICdison  has  const ri 


r  York  thpUj  Tribune ,  Sifuntu,/.  April  do,  |  S7S.J 

ornialh'  adjourned  diirino  the  pr,  sciitnlion  of  the  Tclenli 
Hi.ned  proceedinos  as  soon  as  the  exhibition  was  linisl, 
while,  kept  their  seats,  except  so  far  as  thov  rosi-mod  I 
trinnems  were  hn,„«ht  in.  They  included  a  varied 
-nes  of  clillerent  coiistriietion- their  nun. hers  enablini; 
"i  at  their  ears  sininltaiieonsly. 

•  PAUKHit.o'f  Philadelphia,  opened  the  perform., nee  with 


,  Doctor,  is  it  superior? 

is  mv  very  likely  by  induction  to  scatter  tlieir  news  where  it  in 
re  it  has  net  heeti  sent,  and  to  pick  tip  from  telegraph  wires  all 
,  sounds  and  ticks,  very  eoufusine  to  the  ear — so  jj  in 
le  i  ui  it  t  hy  the  telephone  in  the  vicinity  of  other 
Idison's  is  the  only  telephone  yet  made  which  is  com 
pathetic  characteristic.  It  minds  its  own  business,  e 
scut,  and  is  very  free  from  the  evil  effects  of  con 
lie  operated  on  the  same  pole  that  sustains  a  large  n 
n  any  ci  so  the  wire  for  telephonic  purposes  will  h 
'liieh  entries  ordinary  telegraphic  messages,  hut  Kdi 
plainlv  mil  convev  a  message  carefully  on  a  wire  w 
h  wires. 

then,  Doctor,  that  the  Gold  and  Stock  Company  wi 
cased  hy  the  invention  and  employment  of  the  teleph 
ouht  of  it.  Every  city  will  introduce  the  telephone 
cation  In  tween  a  gentleman's  house  and  his  office,  hot 
ir  between  an  office  and  a  factory,  or  to  cover  any  i 
idv  been  larirelv  introduced,  and  the  demand  for  it 

audience,  mid  several  interesting  experiments  were  shown  with  the  gulvnnou 

lie  then  applied  the  rules  of  sound  and  electricity,  as  laid  down  in  his  pre 
remarks,  to  show  how  the  phonograph  and  telephone  are  produced  and  opei 
lie  followed  the  telephone  from  that  of  Ucis,  which  transmitted  i nitric  ill  Its 
the  harmonic  telephone  of  Gray  in  fef8 ;  the  speaking  telephone,  lirst  const r 
in  IST.'i ;  Hell’s  telephone,  shown  to  the  Km  pen  ir  of  Brazil  and  other  dietingti 
persons  at  the  (’entennial  Exhibition,  in  .lime,  18711;  the  magneto  telepho 
Dolhear,  of  1878;  and  Edison’s  earhon  telephone  of  1877. 

All  of  these  were  described,  and  illustrated,  together  with  various  fort 
magneto  telephones  now  in  use.  After  the  conclusion  of  I’rnfcssnr  Darker 
marks  there  was  a  very  interesting  demonstration  of  the  reception  of  attic 
speech  anil  music  by  the  telephone  from  rooms  of  the  Western  Union  Teles 
Company.  The  music,  consisting  of  “  Home,  Sweet  Home,”  “Hold  the  F 
“  Beautiful  Iliver,”  and  •*  Vnnkee  Doodle,”  was  distinctly  jieard,  hut  the  artieu 
words  wore  heard  only  by  those  who  were  near  to  the  instrument,  which  was  p 
on  the  stage. 

Before  concluding,  Professor  Darker  returned  his  Acknowledgments  ti 
assistant.  Dr.  French,  of  the  University;  to  Mr.  Edison,  who  sent  over  his  in 
meats  and  an  assistant,  Professor  Dat  holor,  to  operate  them  ;  to  President  O 
of  the  Western  Union  Telegraph  Companv.  lor  facilities  extended;  to  .Mr.  Pi 

PAGE  657. 

'  (iWlMd  c'ttJ  (AH.dlw.U.1  5?  7,") 





und  many  other  distinguished  people,  including  1  rof.  Henry,  who  main 
explanatory  address  with  reference  to  the  great  pi  ogre—  in  telegraphic  in 
Ate.,  ami  then  introduce  1  Mr.  K.  II.  . . a  telegraphic  expert,  who  gu 

eke  explanation  of  the  Ivliroh  Telephone  u-*  il  on  tin-  otet«ion. 

Tilt*  Ihiltimore  signal  nation  o'  the  \\\  ether  Bureau  on  South  sire* 
plied  with  speaking  Telephone  through  which  a  conversation  is  carried  mi 
Washington  ull'eetverv  evening.  Inst  night  this  telephone  was  eonnet 
the  wires,  and  the  Ihiltiinore  opeiators  enjoyed  the  concert  free  of  cost.  f. 

The  Sun  savs  the  atmosphere  was  chair  and  the  music  "'as  heard  d 
“Sweet  lit  e  anil  live."  "Then  Yon  will  lleinenihcr  Me."  "Hold  the  l''i 
“Mv  Maryland,"  were  amuiig  the  selections,  with  "  Old  Uncle  Xod  ”  as 

ie,  is  placed  j  i 

Telephone  Interferences  [Volume  3] 

Evidence  for  Voelker,  Irwin,  Gray,  McDonough,  Blake  and  Bell 

Only  the  table  of  contents  of  this  volume  has  been  filmed. 

I'VV  1  :i>:ionsi  Oils  po r, 



Muifcfc  States  latent  Office. 


A-L  AND  No.  1.'iionk  Intkiifkkenck  No.  1. 
Voelkcr  —  Irwin  —  Ilhike  —  Edison . 

Voelker—  Dolbcar  —  (Jrai/  —  Berliner  —  Edison  —  Hell. 

TJio  purtios  tii  thoso  interferences  who  Imvo  taken  testimony  Imve 
been  represented  therein  by  the  fallowing  counsel :  — 

A.  0  11k,.,.  n ml  F, taxes  Hlakk,  by  J.  J.  Morrow  and  IV.  IV.  Swan. 
T  '  \ '  r  “  *,/-  -O*  Baldwin. 

The  proof  for  K.lison  ami  for  Voolkor  in  A  ami  II  involved  tl10 
same  course  of  experimentation  which  was  to  be  examined  in  II, e 
contest  wuh Mr.  Wake  in  No.  hand  as  the  counsel  who  represented 
Ir.  Hell  in  A  mid  It  also  represented  Mr.  Illako  in  No  1  it  was 
agreed  that  the  evidence  on  all  these  issues  might  be  taken’ at  the 
11,1,0  ami  go  into  tho  sumo  record, 
iho  following  stipulation  was  tiled  : _ 

it  is  stipulated  in  tho  above  interferences  that  Caso  No.  1  sli 
behind  A  and  It  in  tho  dates  of  taking  of  testimony  and  t 

rearing,  and  Hint  Edison  limy  take  his  testimony  in  nil  of  these 
•uses  at  tlic  snmo  time,  mnl  licit  nt  tlio  hearing  llio  testimony  in  nil 
lieso  ruses  unit  the  exhibits  uiny  lie  used  in  eiicli  case  by  any  parly 
o  any  of  said  interferences. 

Gr.o.  W.,  for  Vaelkrr  and  Irwin. 

W.  D.  ll.iurwis,  fur  Elisha  Gray. 

V.  L.  Ports,  for  Doll, ear. 

.1.  J.  Stoiiiiow,  for  Hell  mid  /Hake. 

L.  W.  Skiiiiki.i.,  for  '/'.  A,  Edison. 

Tlio  record  for  Gray  (printed  in  this  volume)  contains  the  follow¬ 
ing  stipulation : —  1 

"Counsel  for  Gray  odors  in  ovidoncc  tlio  record  in  the  case  of 
Holl  Telephone  Co.  cl  at.  v.  l’oter  A.  Dinvd,  in  the  Circuit  Court 
of  tlio  United  States  for  the  District  of  Massachusetts,  commonly 
known  as  the  "  lolephouo  suits  ;  and  each  deposition  or  piece  ol 
evidence  embodied  in  or  constituting  a  part  of  said  record  will  lie 
relied  upon  as  if  taken  in  these  interfeienees,  and  may  lie  so  used 
by  any  parly  hereto.  lie  also  oilers  to  recall  for  further  cross 
examination,  at  any  lime  during  the  present  taking  of  testimony  on 
behalf  of  Gray,  any  witness  whose  deposition  was  taken  on  behalf 
of  the  defendant  in  said  suit,  if  such  recalls  bo  requested  by  any 
other  party. 

Agreed  to  by  tho  undersigned,  ench  for  the  interferences  to  which 
lie  is  a  party. 

W.  D.  IIai.dwin,  of  Counsel  for  Gray. 

.1.  .1.  Srounow./jr  Hell,  Herliner  and  JMI  Telephone  Co. 

Dk.muki,  W.  Si:niiKt.L,  Attorney  for  T.  A.  Edison  ot  nl. 

Gno.  W.  DvKii./or  Voclker. 

Kn.ixiv  L.  I'oi-k,  for  Dot!, ear. 

Ciltim.Bv  it  Co. ,  for  McDonough. 

"Counsel  for  Hell  gives  notice  that  he  will  recall  for  fuitlici 
cross  examination,  during  the  time  allotted  Mr.  Hell  for  liking 
?  1  *  '  111  tlleso  Interferences,  any  witness  whose  deposi- 

non  was  taken  on  behalf  of  the  plaiutills  in  said  suit,  upon  reason- 
arc  icqucst  for  such  recall  from  any  party  to  theso  interferences. 

J.  J.  Stoiiiiow,  for  Dell." 

'ol.  H.  (-(to.)  Proof  for  T.  A.  Ed 
plications  and  documentary  evidence, 
t'ol.  III.  Evidence  taken  by  all  tho  n 
eucu.  It  is  inachine-paged  consecutii 
used  in  the  briefs,  etc.,  unless  otherwi 
n  addition  to  this,  the  whole  of  tho 

Telephone  Interferences  [Volume  4] 

Briefs  for  Alexander  Graham  Bell  and  Francis  Blake,  3r. 

The  table  of  contents,  and  those  portions  of  the  briefs  which  summarize 
Edison's  case,  have  been  filmed. 


A-L  AND  No.  I. 





■')  UG.Z 

i I E FS  FOR 



Sinitctr  States  patent  0ffice. 

the  speaking  telephone  interferences 

A-L  AND  No.  1. 







JAMES  J.  STOllliOW, 

Of  Counsel, 











Aloxnudor  Graham  Boll’s  patent  174,405,  issued  March  7,  1870, 
disclosed  a  method  of  and  an  apparatus  for  the  transmission  of  artic- 
ulato  spoooh  by  oloctrioity.  The  apparatus  consisted  of  a  lino  wire 
with  curtain  instruments  at  each  ond.  Tho  vocal  organs  of  the 
speaker  produced  in  the  air  those  vibrations  I  el  eo  °tt  tel  tie 
particular  sound  ho  uttered.  Tl.oso  vibrations  produced  correspond- 
ing  motions  in  tho  mobile  part  of  tho  transmitter.  Tlieso  motions, 
by  suitable  oloctric  eontrivaneos,  gave  riso  to  electric  variations’ 
wind,  corresponded  in  every  particular  with  tho  peculiar,  intricate 
and  LVvi-cl.,.,.a,„g  ..lotions  taken  up  by  tho  transmitter  from  the 
unbroken  hut  ovor-clmuging  sound  waves.  Those  variations,  caused 
at  ono  ond  of  tho  lino,  passed  unchanged  to  tho  othor.  They  there 

ipliicnlly  na  heroin  described,  by  causing  electrical  nil-  j 

tar  in  form  to  liio  vibrations  of  the  mr  accompanying 
itlicr  founds,  siibstuntiully  us  set  forth." 

y  wlmt  win  sot  forth  was  that  tho  souiul  waves  tlioin- 
icl  corresponding  motions  in  tho  transmitter ;  that  llieso 
teed  olcctncnl  variations  oxnotly  corresponding  in  tho 
character  of  their  changes,  and  that  those  wero  recoil-  I 

it  loss  of  character,  though  with  somo  dissipation  of 
iinilnr  air  vibrations  at  tho  receiving  station.  No  one  j 

tills,  and  no  ono  had  ovor  reached  tho  results  ohtainod 
52).  ' 

)  Mr.  Bull’s  time,  tho  voico  had  been  employed  by  ltois  ,  | 

no  olmugos  in  tho  oloetrio  circuit,  and  thorohy  to  pro¬ 
ud.  But  to  tho  oud  that  tho  sumo  word  uttered  into  ■  ( 

r  shall  lie  heard  and  recognized  at  tho  receiver,  it  is 
loroly  that  tho  transmitter  shall  exercise  some  control 
vet,  hot  that  it  shall  control  its  motions  in  those  pnrtic- 
listinguish  tho  vibrations  belonging  to  ono  word  or 
ml  from  thoso  belonging  to  another;  and  as,  wlion 
miployed,  tho  councotion  is  established  by  electrical 
sed  by  ono  and  operating  tiio  other,  it  is  ossontial  that 
r  shall  not  moroly  produco  somo  oloetrical  variations, 

II  produce  variations ’which  correspond  to  thoso  features 
ms  which  enable  tho  oar  to  distinguish  ono  word  from 
00,  77,  80-82). 
lioso  features? 

o  to  avery  minute  vibratory  movomont  of  tho  air  parti-  j 

o  in  a  straight  lino  betweon  tho  spoakor  and  tho  list-  j 

larliolo  ongaged  in  this  Ilux  and  rolliix  will  start  from  j 

rest  as  at  c,  and  vibrato  along 

u  a  and  b.  In  succossivo  vibrations  its  total  length  of 
y ;  it  may  also  perform  its  total  vibration  in  a  longor 
Soil.  But  besides  thoso,  and  oven  if  its  loiiglii  of  path 

vary  its  spoed,  now  abovo  ami  now  bolow  tho  mean;  it  may  pro- 
gross  part  way,  return  on  its  path  and  thou  hurry  on  to  mako  up  foi 
lost  timo.  It  is  tiius  obvious  that  tlioro  may  ho  an  enormous  variotj 
in  tho  mannor  in  which  it  porfonns  a  vibration,  ns  woll  as  in  Hu 
period  employed,  or  in  tho  total  space  passed  over. 

The  total  longtli  of  path  or  amplitude  of  vibration  determines  tho 
loudness  of  tho  sound;  tho  poriod  of  vibration,  or  tho  numlior  ot 
total  vibrations  per  socond,  dotormino  tho  pitoli ;  tho  oharaotor,  or  ai 
it  is  called,  tho  form  of  tho  vibration  determines  what  is  caliod  tin 
quality  of  tho  sound,  —  that  is  to  say,  dotorminos  tho  eharaoloristioi 
which  onalilo  tho  ear  to  distinguish  from  ouch  otlior  sounds  which  arc 
the  sumo  in  loudnoss  and  pitch,  ns  tho  human  voico  from  a  inns! 
cal  instrument,  one  voico  from  another,  one  arliculato  word  fron 
another.  It  is  this,  oalled  cliaraotor  or  quality  in  tho  sound,  and/orn 
in  tho  vibration,  which  is  rol'urrcd  to  in  Mr.  Bull’s  claim  (pp.  38  -18) 

It  is  manifestly  true  of  such  a  vibration,  and  of  a  ourront  which  in 
its  riso  and  fall  of  strength  is  to  correspond  tlioroto,  that  wo  shut 
not  dotormino  its  cliaraotor  or  form  by  controlling  it  at  its  maxinran 
and  its  minimum  simply  (pp.  42-14,  58,  77).  Tho  control  must  be 
continuous  during  tho  mlorvnl  botwoon  tho  two.  To  impress  this 
character  on  an  electric  ourront,  it  will  not  sorvo  to  interrupt  it  Iron 
timo  to  timo;  it  must  uovor  ho  interrupted,  and  tho  transmitter  liras 
control  it  without  any  cessation  wlmtovor ;  nothing  loss  will  sullioo. 
No  circuil-hroalcur  can  transmit  spoouh,  for  wlion  it  brooks  tho  cir¬ 
cuit  it  losos  control  ovor  tho  ourront,  and  thorofora  ovor  tho  ro- 
coivor.  This  is  recognized  in  tins  caso,  and.  is  now  an  accoptei 
law  of  science. 

It  is  also  known  (lint  Reis,  tho  most  porsistont  oxporiinonto 
upon  Hie  electrical  production  ot  sound  lioforo  Mr.  Beil's  timo,  die 
not  transmi  tspooeh,  and  that  ho  usod  a  circuit-broukor  (pp.  82-88) 
Wo  now  iindertand  why  ho  ftiilod.  IIo  did  not  know  of  tho  tru 
method,  first  disclosed  by  Mr.  Boll  (pp.  88-97). 

Tho  changes  and  variations  which  tho  speaking  telephone  is  t- 
take  unto  of  and  lie  oporated  by,  and  the  electrical  forces  by  wide 
it  is  to  lio  actuated,  exceed  in  tho  rapidity  of  their  sequonco,  and  i 
tho  minuteness  of  llioir  range  and  strength,  any  tiling  thoretofoi 


known  in  tho  arts.  Ono  of  the  cliiof  troubles  tlio  mind  uncouulors 
in  dealing  with  it  lies  in  tho  diihunlty  ot  grasping  what  almost 
clntlos  our  power  of  conception  (pp.  56-58). 

Mr.  Ilell  pointed  out  that  a  hitherto  uuthought  of  correspondence 
of  operating  sound  vibrations  and  resulting  curronl  variations  at  ono 
end  and  operative  current  and  resulting  sound  vibrations  at  tho 
oilier  would  enablo  speech  to  ho  transmitted.  It  is  obvious  that  his 
results  uro  reached,  by  means  of  ids  invention,  if  this  corro- 
spoudonco  bo  omploycd,  no  matter  what  changes,  subject  to  that 
limitation,  bo  introduced  into  the  respective  parts  of  tho  apparatus; 
and  it  lias  been  decided  Hint  Mr.  Hell’s  invention  and  claim,  sup¬ 
ported  by  one  form  of  competent  apparatus,  is  broad  enough  to 
cover  and  in  law  ought  to  cover  all  other  forms  which  opernto  as 
wo  have  described.  Gray  v.  Bell,  15  0.  G.  776  (1870)  ;  Am.  Hell 
Telephone  Co.  v.  Sponccr,  20  O.  G.  200  (1881).  Sco  pp.  52-5i. 

Thu  strength  of  an  electric  current  deponds  upon  tho  amount  of 
electric  energy  which  is  poured  into  tho  circuit,  and  tho  amount  of 
electrical  resistance  which  it  thoro  encounters;  for  tho  energy  which 
is  expondod  in  overcoming  rosistanco  is  not  manifested  ns  currunt 
strength.  Tile  relations  nro  expressed  by  tho  following  statement 
co  l  monly  known  as  Ohm’s  law :  — 

Electro-motive  forco 

Current  strength™" 

Resistance  of  tho  circuit. 

Tho  desired  curront  variations  can  bo  produced  by  employing  tho 
motions  of  tho  transmitter  to  vary  tho  olcclro-inotivo  forco,  or  to 
vary  the  resistance,  an  increase  in  erne  having  tho  same  client  ns  a 

d . .  of  tho  other,  iho  oarlicst  typo  of  tho  transmitter  to 

vary  the  clcctro-motivo  forco  is  the  woll-known  magneto  instrument. 
Tho  earliest  variahlo  resistance  transmitter  is  tho  liquid  transmitter ; 
the  best  known  forms  of  it  to-day  are  tho  carbon  tolophono  and  tho 
articulating  miorophono.  Mr.  Hull's  specification  exhibits  both  the 
magneto  transmitter  and  tho  liquid  transmitter  (pp.  53,  175). 

So  startling  a  novelty  as  tho  electrical  transmission  of  speech 
would  at  once  arrest  the  nllontion  of  tlioso  who  looked  only  at  its 
result  and  its  value,  and  equally  of  those  who  could  upprecinto  tho 

•dil  .cullies  to  be  encountered,  and  the  perfection  and  ingenuity  of  tho 
'  ITu  i  "0l'  t,lojr  "'0I'°  "VO'oumo  (pp.  25,  26,  254,  255).  Mr. 
Bell  exhibited  his  apparatus  at  tho  Centennial  Exhibition.  On  Juno 
20,187b.  hell  S  ntolsi  <-My  t  .  the  prosoueo  of  tho  judges 
and  about  fifty  other  pel  is  inel  1 1  ng  tho  Emperor  of  Brazil,  who 
.stoned  at  tho  instrument  and  repeated  to  tho  audicnee  what  ho 
heard  During  the  following  week  the  j  Igc  ,o  ted  tho  appara- 
tus  in  heir  own  pavilion,  and  carefully  studied  and  experimented  with 
'  .  ,  10  .rCa,uU  W"S  tlmt  1,10  twH  rol,,u'ls  ‘Inscribed  tho  success  with 
which  articulation  was  transmitted,  and  said  that  what  ho  had  done 
was  '  tho  greatest  marvel  hitherto  achieved  by  the  electric  tele¬ 
graph  ;  that  "Mr.  Boll  exhibits  apparatus  by  which  ho  lias  achieved 
a  result  of  Irniiscendont  sciontilio  intorcst,  —  tho  transmission  of 
spoken  words  l.y  electric  currents  through  a  telegraph  wire.” 

..  rol,ort!‘  "  0I'°  dmvl1  '>y  Prof.  Joseph  Henry  and  Sir  Wil- 

111111  ^ liomso" ,  and  tho  latter  said  on  tho  sumo  day  of  Mr.  Bell’s 
work  that  "what  yesterday  ho  would  have  dechirod  impossible  ho 
t0-t%  hod  aeon  realized”  (pp.  27-21)). 

1,0111  that  time  forward  tho  wliolo  community,  lay  and  scientific, 
tlio  newspapers  and  tho  journals  of  scionco,  re-echoed  tho  nnuoiinoe- 
“lont ,lmt  Mr*  Bo11  Imd  '«<-‘tually  nehioved  a  wonderful  Ihing,  tliereto- 
loro  entirely  unknown  a  1  i  ice  plished  by  others  (pp.  29-31). 

lie  dovotod  himself  to  tho  improvement  of  his  instruments  •  dariim 
tho  summer  and  fall  ho  l.ronght  them  to  a  satisfaetory  condition  for 
co...muc.,il  use,  and  patented  tlioso  improvements  (No.  186,787 
Jan.  30,  1877)..  He  made  them  practically  known  to  tlio 
mty  by  public  explanations  and  lectures,  publio  exhibitions  and 
putilie  use,  including  tho  tra, .mission  of  newspaper  despatches. 
Early  in  1877  a  com,  .y  formed  and  they  were  put  tl 
market.  By  Aug.  1,  1877,  about  1000  were  in  actual  commercial 
use,  and  the  factory  was  turning  out  600  a  month  (pp.  31-33). 

Up  to  this  time  Mr.  Bell  had  everywhere  boon  bailee!  as  tlio  true 
first  and  original  inventor  of  tho  now  art.  His  present  opponents’, 
for  tlio  most  part,  expressly  acknowledged  his  right.  Mr.  Gray  him¬ 
self  took  part  in  tho  exhibition  of  Juno  25,  1876,  listcnod  at  tho 
rcceivor,  repeated  to  tlio  nudioueo  tlio  words  lie  hoard,  and  witnessed 
tlioir  appluuso. 

Ill  tlio  summer  (if  1877  tlio  Western  Union  Tologrnpli  Company,, 
owuor  of  most  of  the  tologrnpli  linos  of  tlio  country,  found  that  tiio 
instrument  had  rcnchod  such  commercial  importance  tint  it  wanted 
to  possess  it.  It  tlioroforo  tools  tlio  course  of  purchasing  from  Mr. 
Gray  and  Mr.  Dolboar  whatever  work  they  laid  done  that  was  sup¬ 
posed  to  hoar  upon  it;  and,  already  owning  Mr.  Edison’s  electrical 
inventions,  it  set  up  llieso  gontleinon  as  prior  inventors.  This  was 
tliu  first  attack  on  Mr.  Doll.  Considering  why  it  nroso  and  when  it 
arose,  it  cannot  lie  bettor  doscribod  Ilian  in  the  words  'Watt  used  in 
writing  to  Boulton,  Sept,  (j,  1778:  "Every  man  who  clients  us  de¬ 
fames  us  in  order  to  justify  himself”  (pp.  33-3(1). 

To  attack  Mr.  Hell’s  patent  at  tiiis  period  for  tlio  first  linio,  a  con¬ 
testant  must  allow  Unit  lie  laid  accomplished  success  liy  tlio  actual 
transmission  of  spoocli  lieforo  tlio  dato  of  Mr.  Boll’s  first  patoutj 
that  liu  had  an  ndequito  conception  of  tlio  invention  before  Mr. 
Boll’s  i  i  liti  c  cc|  l  i  rill  o  tl  c  mf  to  Dr.  Blake, 
which  was  in  October,  181 1,  mid  laid  followed  up  Hint  conception  by 
a  diligent  reduction  to  practice  m  an  operative  instrument  buforo 
Mr.  Bell's  patent.  The  law  requires  tills,  and  common  -sense  du- 
uiaiids  it.  But  whoever  asserted  suuli  a  claim  at  so  late  a  day  would 
also  have  to  moot  tlio  inquiry  why  it  was,  if  ho  had  an  operative  ap¬ 
paratus  so  long  ago,  that  it  was  never  heard  of  buforo;  or  wluti  kind 
uf  diligonco  it  was  that  slept  so  long,  was  not  disturbed  by  tlio  honor 
iwnrdcd  to  Mr.  Bell,,  and  awoke  only  when  the  commercial  success 
>1  Mr.  Bell  was  such  as  to  stimulate,  mid  tlio  schemes  of  tlio  West- 
■'I'n  Union  Tologrnpli  Company  wore  such  as  to  lie  liulpod  by,  tlioso 
[>i  (.Uni,  ns  (pp.  38-38,  254-288). 

Goodyear  v.  Day ,  2  Wall.  Jr.  288,  Guinn,  J. :  "  When  genius 
mil  patient  persevernneo  have  at  length  succeeded,  in  spilo  of  sneers 
itiri  .scolls,  in  perfecting  sumo  vulimhlu  invention  or  discovery,  how 
ioldotn  is  it  followed  by  loward  I  Envy  robs  him  of  the  honor,  wliilo 
'Peculators,  swindlors  and  pirates  roll  him  of  tlio  profits.  Every 
"isnccesslul  experimenter  who  did  or  who  did  not  come  very  near 
linking  the  discovory  now  claims  it.  Every  one  who  can  invent  an 
iiiprnvonicut  or  vary  its  form  claims  a  right  to  pirate  tlio  original 
I'scovery.  W  e  need  not  summon  Morse  or  Blanchard  or  Wood- 
irj  v  'f  r°V”  ^ ,w^  ^ 1,H  Is  ^,0  history  of  every  grout  discovery 

hceii  brought  hofiu'o  tlio  world,  lias  hocomo  known  to  tlio  public, 
and  been  put  in  a  form  to  lie  useful,  that  poople  start  up  in  various 
plncosand  declaim  that  they  invonted  the  sumo  thing  long  lieforo  I 
.  .  .  Tlioso  protondod  prior  inventors  laid  thought  of  such  a 
tiling,  porhups,  hut  they  hud  novor  carried  it  to  tlio  oxtont  of  making 
Jt  ol  practical  utility,  so  Unit  tlio  world  could  obtain  possession  of 
it.  But  when  they  find  that  anolhor  lias  eomploted  that  which  they 
had  begun,  they  are  astonished  that  they  did  not  seo  — think  they 
must  Iiiivo  seen  —  all  that  is  necessary,  and  claim  that  they  have 
lnvcntod  it.  After  having  seou  what  lias  been  dono,  tlio  mind  is 
very  apt  to  blend  subsequent  information  with  prior  recollections, 
anil  confuso  them  togethor.  Prophecy  aflor  tlio  ovont  is  easy 
prophecy.  I  think  that  this  is  ono  of  tlio  cases  in  which  several  of 
the  witnesses  liavo  been  lod  into  .tho  illusion  of  believing  that  tlioy 
knew  lieforo,  what  they  liavo  learned  or  buon  taught  by  Mr.  IIowo’s 
invention  and  s|  oc  f  i  it  n 

In  considering  tlioso  who  present  thomsoivos  ns  inventors  only  after 
tho  fact,  against  a  patpnt  for  a  great  and  startling  invention,  it  lias  come 
to  lie  an  axiom  of  law,  as  it  is  of  sound  reasoning,  that  no  depositions 
(especially  of  tho  claimant  and  tlio  inmates  of  Ids  homo  or  Ids  work¬ 
shop)  uro  of  any  avail  to  ovorcomo  tlio  inferences  which  liatiiraliy 
nriso  from  ids  fiiiluroto  liavo  given  early  public  sign  of  such  practical 
success  as  lie  must  assert  to  maintain  ids  caso  (pp.  254,  255). 

Smith  v.  Fay,  8  Fish.  452:' "The  prosumption  arising  from 
silonco  where  there  is  so  much  intorost  to  assort,  an  occasion  to  assert 
it,  and  tlio  party  intelligent,  and  the  results  certain  if  tho  facts  war¬ 
ranted  it,  has  far  more  strength  limn  any  preponderance  in  number 
of  witnesses  and  litoral  statements  made  by  them  in  tlio  caso.” 

Hayden  v.  Suffolk  Go .,  4  Eisli.  1.01:  "Tlio  greater  tlio  impor¬ 
tance  of  tlio  invention,  tlio  loss  probablu  that  ir  achieved,  it  would 
have  boon  laid  aside  and  not  extended  itself  to  othors  interested  in 

Home  v.  Underwood,  1  Fish.  162  :  "  Now,  it  is  n  little  roinarkablo 
that  a  porfect  sowing  macliiuo  .  .  .  never  produced  work  that 
anybody  over  used  lor  any  purposo  whntevor  .  .  .  tiiat  it  was  laid 
aside  for  years  without  producing  oitlicr  work  or  propagating  itself 
in  other  nmulducs  over  after.  This  is  a  phenomenon  that  requires  to 
be  accounted  for" 

Obviously  thoro  has  nevor  boon  an  invention  to  which,  considering 
tlio  caso  of  construction  of  tho  instruments  and  tho  startling  and  uso- 
ful  character  of  tlio  results,  tlioso  judicial  rulos  would  apply  as 
strongly  as  to  tho  speaking  lolophoiio  (pp.  247,  254,  255). 

Mr.  JMVa  Case.  —  Ho  has  n  patent.  Wo  have  seen  what  must  b 
proved  to  provail  against  it;  and  tlio  proof  lioro  must  bo  the  sain 
ns  in  court.  IIo  is  entitled  to  go  back  to  the  disclosure  of  his  deli 
nito  conception  to  Dr.  Blake  in  Oetobor,  1874,  because  ho  pursued  i 
with  diligeuco  until  ho  obtained  his  patent.  For  tlio  history  of  hi, 
work,  soo  pp.  50-72,  infra.  Tlio  authorities  show  what  is  an  ade¬ 
quate  conception,  what  is  i  ed  icli  n  to  p.  ictice,  and  by  what  rulci 
tlio  law  will  ascertain  the  question  of  diligence,- whether  there  has 
boon  that  diligoneo  which  enables  tlio  chiininiil  in  a  contest  on  dittos 
to  connect  his  reduction  I  [  I  co  tl  c  il  c  tell  (mi. 
242,  244,  247).  Mr.  Boll’s  ditto  is  October,  1874. 

il/r.  Gray's  Ouse.  —  In  December,  1875,  Mr.  Gray  saw  a  "  lovers' 
telegraph,”  or  string  telephone.  This  led  him  to  think  whether  the 
motion  of  a  diaphragm  could  bo  t  I  cl  el  I  |  ,. 
with  like  effect.  Fob.  11,  1870,  ho  made  a  sketch  for  a  liquid  trans¬ 
mitter  substantially  like  that  of  Boll’s  patent.  On  Fob.  14  1870 
tl,is'  el  e  1  to  tl  i  of  a  "caveat”  or  statement  of  mi 
incomplete  invention  not  ready  to  lie  patented,  and  was  deposited 
as  such  in  tlio  secrot  archives  of  tlio  Patent  Oflico.  Mr  Bell's 
finished  application  was  filed  a  few  hours  earlier.  Mr.  Gray’s  caveat 
pves  abundant  indications  that  his  ideas  were  very  vague,  and  that 
lie  (hen  behoved  the  single  1  q  1 1  gm  strunioiit  (the  ouo  now  rotiod 
an)  to  lie  insufiicient  for  the  purpose  (pp.  108-170). 

IIo  paid  no  more  ..ttc,.t„„,  to  tlio  subject  until  Juno  25,  1870,  at 

bo  C,  to  i  d  hen  ho  participated  in  Bell’s  ex . ilion,  listening  at 

lie  receiver  and  repeating  to  the  audience  what  ho  hoard  (p.  172). 
-Ie  l  >on  for  the  first  time  tried  to  construct  a  speaking  telephone,  but 
Itterly  failed,  and  did  not  oven  preserve  his  modol  (p.  172).  Mo 
11,110,1  m,,ro  instruments,  until,  in  connection  with  some  loeturos 
ie  gave  in  March,  1877,  ho  asked  Mr.  Boll’s  permission  to  construct 
ml  exhibit  a  speaking  telephone,  staling  that  he  should  exhibit  it  as 
l/r.  JJels  invention.  In  that  correspondence  and  at  that  lecture  ho 

cT.'urch  V  vl  I1'’  T  WW,I'U  '-^ventor.  In  a  subsequent 
ectu.o  in  Now  Turk,  April,  1877,  ho  stated  to  the  audience  Hint 

Mr.  Boll,  who  lie  said  was  then  presold  ill  tho  hall,  was  tlio  invent 
of  tho  speaking  telephone,  which  must  ho  distinguished  from  I 
own  musical  lelophono  (pp.  173-175). 

Mr.  Gray  fails  in  all  of  tlio  tliroo  things  iio  must  provo :  priori 
of  conception,  reduction  to  practice,  diligence  to  cunnoct  the 
(p.  175). 

Hr.  Edison’s  Case.  —  In  August,  1875,  Mr.  Edison  read  a  man 
script  translation  of  a  description  of  tho  Kois  circuit-breaking  instr 
niont.  He  perceived  that  tlio  apparatus  could  not  transmit  spooc 
and  presently  mado  on  tlio  back  of  tlio  paper  sumo  rude  pern 
sketches  of  his  ideas  nliout  a  liquid  transmitter  connected  with  a  r 
coivcr,  which  in  fact  is  incapable  of  reproducing  speech.  He  g 
no  further  than  this  sketch  (accidentally  preserved)  until  ho  hoard 
Mr.  Bell’s  successful  exhibition  uttlio  Centennial.  He  then  took  i 
tho  subject,  and  after  some  mouths  of  labor  and  experiment  in  d 
fcrcut  directions,  constructed  many  models  and  ouo  finished  instr 
niont.  This  was  a  liquid  transmitter,  and  was  mado  in  October  i 
November,  1870  (pp.  100,  200).  It  is  tlio  oarliest  of  his  telephone 
now  in  cxisteuco. 

.  These  facts  and  dates  are  abundantly  proved  by  tlio  depositions 
his  own  witnesses.  Ono-of  them,  his  assistant,  Johnson,  wroto 
pamphlet  in  tho  early  part  of  1870,  in  Edison’s  behalf,  lor  the  pu 
pose  of  stilting  his  claims.  This  pamphlet  was  put  in  ovideuco  I 
Edison,  and  states  that  Mr.  Bull  is  tlio  first  inventor  of  tlio  speakii 
lelcphono,  and  that  Edison  "  took  up  tho  subject  ”  nl'tor  honriug  i 
Bell’s  Centennial  exhibition  (pp.  188-100  el  seq.). 

il/r.  Dolbear's  Ouse.  —  During  1877,  ill  private  letters  and  in 
printed  publication,  Mr.  Dolhcnr  expressly  stated  that  Mr.  Bell  wi 
tho  first  inventor  and  constructor  of  tho  speaking  telephone.  I: 
now  testifies  that  he  only  claims  certain  improvements  which  he  stiy 
wore  invented  after  August,  187U  ;  that  is,  when  Boll's  patent  wi 
six  mouths  old  (pp.  160-108). 

Mr.  Voelker's  Case. —  In  January,  1876,  Voolkor  first  saw 
string  lelcphono  and  noticed  that  the  voico  made  tho  diaplirag 
vibrato.  Ho  knew  that  tho  lever  of  a  Morse  receiver  mado  a  strol 


circuit ;  it  occurred  to  him  Unit  if  such  n  hoy  could  ho  uttnohed  to 
thu  momhruno  nnd  thus  worked  by  tho  voice,  tho  sound  of  tho  voice 
would  result  nt  tile  other  cud.  Ho  wns  not  sulhoicntly  inforincd  of 
the  nut  lire  of  articulation,  nor  of  tho  failnro  of  previous  experi¬ 
menters,  to  know  that  this  operation  was  in  its  nature  inadequate, 
and  so  ho  made  an  instrument  which  embodied  this  conception  (pp. 
128-130).  Of  course  it  was  not  a  speaking  tolephono.  This  con¬ 
ception  was  "some  timo  in  January,”  and  his  first  model  was  in  tho 
first  part  of  March,  187G  (pp.  11(1-121).  lie  made  several  instru¬ 
ments  which  embodied  this  idea.  From  all  ho  obtained  1ml  one  re¬ 
sult:  tho  voice  or  tho  sound  of  a  musical  instrument  would  produco 
a  sound  of  corresponding  pitch,  but  quality  wns  not  transmitted. 
Ilis  evidence  is  that  during  eighteen  months  of  trial  ho  almost  in¬ 
variably  produced  tunes  but  nothing  more.  No  witness  proves  tho 
transmission  of  a  single  word  ;  ho  himself  thinks  that  at  most  ho 
could  recognize  a  few  detached  and  Inmihnr  words  out  of  a  sentence 
in  tho  conrso  of  hundreds  of  trials.  Ho  laid  in  fact  reinvented  tho 
Reis  transmitter,  and  his  wholo  history  nnd  results  aro  consistent 
with  that  and  inconsistent  with  anything  elso  (pp.  1 22—124,  131). 

In  tho  fall  of  1877  ho  attracted  the  notice  of  Mr.  Irwin,  of  Mor¬ 
ton,  Pa.,  who  had  long  known  him,  and  Mr.  Irwin  invited  him  to 
bring  his  instruments  to  Morton.  Mr.  Irwin  wns  an  inventor, 
largely  interested  in  patents,  of  nmplu  means,  and  possessed  of  a 
finely  appointed  laboratory  nnd  mnehino  shop  for  experimental  work. 
He  promised  Voolkcr  that  ho  would  furnish  means  to  patent  what¬ 
ever  tho  latter  had  dono  in  telephony,  if  he  had  dono  anything,  and 
Mr.  Irwin  himself  wns  about  to  turn  his  attention  to  telephonic  in¬ 
ventions,  because  he  felt  satisfied  that  tlioro  wns  monoy  to  ho  mndo 
in  that  field.  Voolkcr  brought  liis  instruments  to  Irwin's  laboratory, 
spent  nearly  a  wholo  day  trying  them,  reproduced  tunes  very  well, 
hut  was  notable  to  transmit  nrticulato  words  at  all  (pp.  132,  133). 
He  exhibited  and  fully  explained  to  Irwin  all  that  ho  had  dono. 

1  hereupon  Mr.  Irwin  concluded  that  Voolkor  had  merely  reiuvoiitcd 
die  Reis  transmitter.  For  greater  certainty,  an  eminent  patent 
lawyer,  who  was  counsel  for  Irwin  in  other  maters,  was  consulted, 
uid  he  gnvo  a  professional  opinion  that  Voolkor  had  merely  made  a 
Keis  transmitter.  A  few  mouths  aftorwards  another  of  Mr  T .’j 

I  SUMMARY.  —  VOELKF.u'S  CASE.  11 

‘  solicitors,  —  the  gentleman  who  has  prepared  all  Mr.  Irwin’s  and 

Voclker’s  specifications  on  telephones,  —  being  at  Morton,  whore 
f.‘  Voolkcr  then  was,  in  Irwin’s  employ,  examined  Voelker’s  work,  talked 

with  him  fully  about  it,  and  again  was  satisliod  that  Voolkor  had 
made  a  Rois  transmitter  (pp.  133-137).  From  that  time  on  Voolkcr 
l‘  did  not  touch  his  instruments  until  ho  prepared  his  application  in 

1879,  when  Mr.  Roll’s  patent  was  moro  than  three  years  old,  and 
when  moro  than  40,000  telephones  woro  in  uso  (p.  137). 

IVo  have  stated  (pp.  70,  87, 149,  320)  what  constitutes  an  articulat- 
j  mg  micropliono.  and  on  pp.  82-8,149,  what  is  a  Rois  transmitter.  Tho 

|  difference  is  that  tho  ouo  works  by  varying  tho  pressure  at  a  contact 

j.  which  must  bo  maintained  unbroken,  whilo  the  ollior  operates  by 

j  breaking  tho  contact  and  circuit  at  oncli  vibration  (p.  149).  Irwin 

J  and  bis  udvisers  aro  proved  to  have  understood  tho  two  instru- 

I  meals  nnd  this  prcciso  distinction  between  them,  whilo  Irwin 

expressly  testifies  that  ho  perfectly  understood  the  construction  and 
operation  of  all  Voelker’s  instruments  (pp.  135-G).  The  decision  they 
arrived  at,  at  tho  timo,  therefore  (fall  of  1877  and  spring  of  1878), 
about  thu  true  character  of  Voolkor’s  invention,  has  all  tho  merits  of 
a  decision  intelligently  arrived  at  mid  acted  upon  against  tho  inter¬ 
est  of  tho  pnrties,  an  admission  by  the  inventor’s  nssigneo,  nnd  tho 
strongest  testimony  that  tho  description  then  givon  by  Voolkor  of  his 
work  excluded  him  from  any  claim  that  ho  had  invented  a  speaking 
*  telephone  (p.  134). 

j-  Rut  irrespective  of  the  character  of  his  apparatus  ho  cannot  con- 

f  tend  with  Boll  in  dates. 

Moreover,  Bell’s  instruments  had  boon  publicly  used  nnd  offered 
to  tho  public  for  commercial  uso  more  than  two  years  before  tho 
ditto  of  Voclkcr’s  applications,  which  were  in  May  and  September. 
1879  (p.  32).  Tho  motivos  for  which  and  tho  extraordinary  cirouiu 
stances  under  which  his  work  was  then  put  forward  for  the  first 
tiuio  aro  sufficient  to  condemn  tho  attempt  (p.  157). 


The  broad  claim  referred  to  on  p.  4,  supra,  belongs  to  whoever 
first  iuvcnlod  the  art  or  molhod  and  showed  some  apparatus  by  which 

Hu  would  ho  tlio  iirst  inventor  of  the  method,  mid  necessarily  also 
the  first  invontor  of  the  particular  apparatus  with  which  hi*  method  ^ 

was  connected  in  its  origin.  Tho  next  comer  might  invent  a  difiorent 
apparatus,  mid  until  tho  history  of  the  first  has  been  developed  it  is 
conceivable,  with  regard  to  any  particular  form  of  instrument,  Unit 
it  may  inivo  originated  with  tho  second  inventor.  But  it  cannot  ho 
true  of  independent  inventors  (ns  distinguished  from  joint  inventors) , 
that  one  can  hnvo  a  valid  patent  for  tho  method  and  another  call 
afterwards  obtain  ono  ns  tho  first  inventor  or  tho  first  apparatus  by 
which  his  earlier  rival  practised  it  (pp.  234,  2t>7).  5 

Is  early  oyory  detail  or  form  of  instrument  employed  in  tho  spook¬ 
ing  telephone  is  tho  subject  of  contest.  The  decision,  however,  that 
Mr.  Hell  holds  a  valid  patent  on  the  broad  claim  for  the  art  or  ** 

method  necessarily  establishes  that  ho  is  tho  first  inventor  of  tho 
first  form  of  apparatus  ho  used.  Indeed,  they  arc  so  intimately  con¬ 
nected  that  they  cannot  with  propriety  lie  placed  in  separate  patents, 
oven  by  the  first  inventor  of  both. 

Hu  contestant  McDonough  made  an  instrument  with  which 
10  tried  to  transmit  speech  before  Mr.  Bell  applied  for  his 
latent.  McDonough  has  since  filed  an  application  in  which  ho 
Inscribes  a  "  transmitting  membrane  ”  and  a  "  receiving,’’ 
electrical  battery,”  "circuit  wires,”  " armature,”  "  magnet,” etc.,  all  j 

>f  which,  ho  says,  are  so  arranged  and  connected  that  "the  vibrn-  ■  - 

ions  of  tho  transmitting  membrane  or  apparatus  produced  by  articu-  j 

ato  sounds  are  transmitted  by  tho  electrical  current  to  tile  receiving  I 

nembrnno  or  apparatus,  and  so  as  to  came  a  like  vibration  of  the 
ceoiviug  membrane  or  apparatus,  and  came  it  to  reproduce  the  articu- 
lie  mumh  transmitted  from  and  by  the  receiving  membrane  or  ap- 
aratus.”  Ills  claim  corresponds  to  this  statement  of  invention 
pp.  222,  223).  h; 

If  ho  did  make  an  apparatus  which  would  practically  do  this, 

0  . Iu  “  8P0,|king  telephone,  and  would  bo  entitled  to  a  patent 

m  it  if  ho  noic  the  first;  but,  upon  inquiry,  it  turns  out  that  his  \ 

ppaialus  will  not  do  this  at  all.  His  "  iransmitting  membrane”  : 

reahs  the  circuit  at  caul,  vibration.  It  will  cause  an  equal  number  I 

vibrations  in  tho  "receiving  membrane,”  bill  they  will  not  bo  [■ 

like”  thosoof  the  transmitter.  His  receiving  membrane  did  no 
have  tho  "form  of  vibration  ”  to  which  articulation  is  duo,  and  hi. 
curront  was  not  capable  of  transmitting  quality.  Ilis  transmittoi 
was  a  cirouit-bronker,  liko  that  of  Kois  (p.  224).  .  If  lie  luu 
obtained  exactly  the  patent  ho  asked  for,  it  would  have  boon  void, 
because  tho  described  inachiuo  would  havo  boon  inoperative.  It  is 
true  that  tho  parts  would  havo  moved  and  made  a  noiso,  but  this  is 
the  case  with  most  machines  that  have  been  condemned.  It  was 
inoperative  iu  Hie  sense  of  tho  law  because  it  would  not  practically 
accomplish  tl.o  only  result  for  which  it  was  constructed  and  tried 
(p.  237).  That  ho  was  unable  to  porcoivo  that  sucuoss  could  not 
bo  attained  by  following  out  tho  conceptions  ho  was  working  on 
made  it  none  tho  loss  a  failure. 

Mr-  McDonough  says,  however,  that  ho  finds  in  Mr.  Boll’s 
Patent  cortain  elements  which  lie  omployod  in  his  unavailing  attempt, 
and  he  would  now  like  to  have  Mr.  Boll’s  patent  defeated  pro 
tanto,  and  a  patent  granted  to  him  for  those  olomonts,  and  Mr. 
Boll’s  patont  made  subject  to  it.  Tho  olomonts  of  which  ho  assorts 
this  arc  tho  diaphragm,  armature  and  magnet  which  constitute  tho 
receiver  of  Mr.  Boll’s  patent.  It  is  obvious  that  if  ho  unit  do  this, 
ho,  who  failed  to  mnko  a  speaking  tolopiiouo,  will,  out  of  that  fail- 
uro,  control  and  thoroby  acquiro  a  very  groat  share  of  tho  profits 
of  tho  spooking  tolophono  which  ho  was  unable  to  construct,  and 
thereby  reap  a  crop  ho  did  not  raiso  (p.  235). 

Now,  apart  from  tho  question  of  datos,  and  tho  question  of  de¬ 
fendant,  thoro  arc  two  answers  to  tlioso  protonsions. 

Mr.  Boll  discovered,  and,  in  ids  patont  showed,  that  a  cortain  com¬ 
bination  of  magnet,  diaphragm  and  armature,  when  arranged  in  speci¬ 
fied  connection  with  other  specified  parts,  constituted  un  apparatus 
which  would  transmit  spocch.  Bofore  tho  date  of  his  specification  no 
one  hud  douo  this  or  Imd  known  it.  Each  suheombination  was  his 
original  iuvcutiou,  and  formed  part  of  his  curliest  conception  and  earli¬ 
est  construction.  Now  several  contestants  come  before  tho  Oilieo 
with  applications  which  describe  a  dovico  said  to  ho  tho  same  as  ono 
of  those  suhcombiuutioiis,  and  each  assorts  for  it  that  it  will  act  as  a 
receiving  instrument  to  "reproduce”  "quality,”  "oral  conversa¬ 
tions,”  and  all  souuds  whioh  may  actuate  n  transmitter  (p.  290).  It 

capacity.  Tlic  issues  are  based  on  those  applications,  and  aro  in  tlio 
htngnngo  of  tho  claims  asked.  It  is  obvious  that  those  claims  can 
neither  bo  sustained,  nor  overthrown  if  granted,  except  by  the  pro¬ 
duction  of  an  instrument  which  has  this  capacity. 

Afior  tho  giant  of  Mr.  Boll’s  patent  thoy  bring  forward  these  as¬ 
sertions  to  defoat  pro  tanlo  his  right  to  "mnlco,  uso  and  vend,”  for 
thu  purposes  sot  forth  in  his  patent,  that  which  was  lirst  In-aught  into 
tho  arts  by  his  patent.  Upon  being  asked  whether  they  knew  that  tho 
assertions  of  llioir  applications  aro  truo,  whether  before  the  grant  of 
Boll’s  patent  thoy  had,  hy  actual  uso.  demonstrated  that  llioy  aro  truo 
to  tho  extent  of  producing  prnticnlly  useful  results,  each  contest¬ 
ant  is  obliged  to  reply  that  Ins  conception  did  not  reach  so  far  and 
that  ho  made  no  trial  which  could  givo  an  answer  to  tho  question; 
but  now,  from  reading  Bell's  patent,  they  say  they  learn  that  their 
models  could  answer  this  purpose.  Thill  docs  not  make  a  cuso 
against  a  patent.  (See  pp.  288—2110.) 

Furthermore,  in  tho  caso  of  McDonough,  tliero  is  no  proof  in  tho 
record  that  tho  instrument  ho  constructed  overdid,  or  to-day  can  do, 
wluit  is  asserted ;  and  whoovor  attacks  a  patent  must  provo  this 
nfhrmutivoly  (pp.  237,  238). 

Tho  courts  have  often  had  to  deal  with  these  attempts  to  sol  up 
old  and  unknown  tilings  to  cal  thu  life  out  of  a  patent  which  cannot 
be  ontiroly  destroyed,  and  as  often  they  Iuivo  decided  that  such  things 
are  as  unavailing  for  one  purpose  as  for  the  other. 

Atlantic  Powilcr  Company  v.  Curlier,  13  O.  G.  -198,  Blatoiifoud, 
J. *  "By  tlio  light  ut  what  Nobel  has  taught  in  tho  patent  sued  on, 
much  can  now  he  assorted  to  lie  scan  in  what  was  published  before 
which  no  one  ever  in  fact  saw  in  it  before  tho  original  of  tho  patent 
sued  on  was  taken  out.” 


— w...e  before  the  public  ns  a  useful  tiling,  and  is,  therolbre,  ontirel, 
inoperative  ns  nd'ccting  the  rights  of  thoso  coming  altorwards.  .  . 
If  Mr.  Hunt  did  not  go  to  the  extent  of  having  perfected  a  machine 
although  ho  niadu  many  ingenious  devices,  it  was  in  tho  cyo  of  til 
patent  law  a  nullity.” 

Aultman  v.  Holley,  1  Fish.  534,  II  Blntcli.  317,  Woobkuff,  .T. 
"The  suggestion  that  where  such  experiments  aro  iiiado  without  re 
suiting  in  a  useful  machine  and  tlio  product  thereof  is  abandoned  in 
that  ground,  whatever  doviccs  it  contained  beemno  public  property 
and  can  bo  dug  up  in  after  years  and  produced  todcfentllio  patent  o 
an  independent  and  successful  iiivouior  is  not.  1  think,  sound  o 
warranted  by  law”  (p.  253). 

Wyman  v.  A'nowlex,  13  0.  G.  320,  Coin’r’s,  Dec.  1878,  p.  39 
Si'KAtt,  0. ;  "Although  this  disconnecting  mechanism  which  is  tin 
stihjoot  of  tho  controversy  pertormed  its  timction  well,  yet  it  tin 
machine  in  which  it  was  embodied  proved  a  failure,  Wyman  woti.t 
not  have  been  ablu  upon  that  innehiuo  to  establish  his  claim  us  tin 
lirst  inventor  of  tho  disconnecting  mechanism  against  a  party  who 
had  embodied  tho  invention  in  a  successful  operating  maeliino 
(p.  254). 

Sco  these  and  other  ensos  to  tho  samo  point,  pp.  249-234,  infra. 

A  spcnking-toluphono  receivor  is  not  a  maeliino  by  itsolf.  It  it 
true  that  it  can  bo  detachod  from  tlio  wires,  but  it  is  not  oporalivo 
for  any  pnrposo  whatever  unless  connected  with  a  transmitter.  It 
is  not  a  ninchino,  but  an  element  in  a  maeliino  (p.  235).  Tho  spe¬ 
cification  of  Air  McDonough  recognizes  this,  for  it  doscrihus  it  only 
ns  part  of  tho  whole,  mid  neither  of  his  claims  rofer  to  it  except  u 
claim  on  tho  wliolo  described  apparatus  for  tlio  transmission  oi 
spcccii  of  which  it  forms  a  part  (p.  233).  Tho  whole  is  in  taut,  as 
in  law,  a  unit  ns  much  us  thu  result  which  requiros  tho  co-oporatiou 
and  simultaneous  action  of  all  tho  nnrts  is  a  unit. 

f  took  of  Mr.  Bell's  elute  of  October  isT" r,°"  ^  .  Ho  ,mist 
18(17  1,0  etched  u  membrane  on  a  L 1 t \  *torjr  tl,"t  "> 
lounoil  it  against  n  pile  of  books  placed  mi  I  "wl,os  "*  dmmutor, 
it  «ml  interrupted  the  current  1,1  i  oloolro-mngnot  in  front  of 
tooth  of  „  ‘  '.T  nU1  d  "ng  the  wire  over  the  ro,Hi 

•  u.k.  ,!  „  ;  '■  ,r °» ■'>»«.  m, 

•«»B,  -  Hr,  °r  . . - 

yours  (oxeopt  to  make  n  pencil  sketch  in  “  m?‘'°  f°f  0'Sl,t 

1S75>  ho  heard  of  Mr.  Gruv’s  /  '  1871^’  ,ml,i  >'»  April, 

imthoritios  oiled  on  pp.  244-2.18  in'/*  f1’’-  22'J~232)-  Undor  tho 
in  1875,  hcennsc^lhoro  is'  “  7“W«*'  118  0110  •*. 

18117.  Moreover  .  v  n-  i  0  50,00  to  curry  him  huelc  to 

-von.  to  in  1878,  there  is  no  an  s  f  ‘’"““'“"V  8tl“°'110"t 

improvomonls  in  tho  spookin'*  tolonhui  !'°  1,lvontotI  tlloso  two 
1110111  “ft  Powwnont  magnet  .mdt  m'  i  ,n  11,0  0,1,lll(1l- 

H,s  fiV8t  conception  w„s  Sept.  20  18 ?r  C}"'l>him°ln  Ci*l>-  100,  185). 
his  inemorundum  hook  (p.  lo'i)  ,  ’  'V10n  10  111111,0  n  sketch  in 
his  ussistiiiit  to  begin  tho  construction  f  °"'."'ooks  “forwards  enusod 
to  ho  mudowilh  normnn  .t  °f a  pmr  of  leloplmnos  (p.  18 1 ) 

a>.  1«0).  . S: 

mid  their  ronmina  uro  not  produced  t  17, T  “  80  118  lo  1)0  tried, 
ho  thought  tlmt  metal  diuphru-nis  mifl’  /  So"10  lilno  ,,rtor  ‘Imt 

His  next  instruments  <»•  I(f7)' 

in  February,  1877  (p.  167).  °  Cluistmus,  1878,  mid  finished 

“T?  2f  r! . .  *hl>brn  ,n 

ot  ideneo  (p.  110).  ft  W|l8  (J  ’  ,d  18  n""  Produced  in 
!’•  10)'  At  the  beginning  of  J„  ,a  MV.  1878 

iniphrugm  expressly  to  use  «  ,  ’  8?  '’  1,0  m,u,°  "  soft  iron 

[|i.  110).  11  ti'uiisimltor,  mid  did  so  uso  it 

In  October  ho  mudo  seta 

diaphragms,  used  them  extensively  in  November,  showed  tho  feature 
ill  a  specification  filed  at  London,  Dec.  9,  1870,  sent  one  of  his  work¬ 
ing  instruments  to  tho  Baton t  Oiiieo  as  a  model,  and  obtained  his 
patent  Jan.  30,  1877  (pp.  109,  110),  beforo  Dolbcu  rlmd  mudo  his 
first  instrument  with  this  fenturo. 

Mr.  Bell's  original  idea  of  Octobor,  1874,  was  to  uso  pormnnent 
magnets.  Afterwards  ho  apparently  thought  ho  would  got  moro  power 
■with  a  battory.  July  2,  1878,  ho  wrote  to  a  friend  that  ho  bolicved 
that  a  permanent  magnet  without  a  battery  should  bo  used,  and  ho 
at  once  had  such  a  magnet  made,  before  July  15,  1870,  to  lit  his 
existing  instruments,  and  used  it  with  success.  IIo  put  another 
permanent  magnet  into  a  sot  of  iiuishod  instruments  in  November, 
described  it  in  his  English  specification  of  Doe.  9,  had  it  in  tho  work¬ 
ing  instrument  filed  m  tho  Patent  Oiiieo,  and  obtained  his  patent 
Jan.  30,  1877,  boforo  Dolboar  had  actually  completed  his  first  instru¬ 
ment  (pp.  109,  110). 

Mr.  Gray  also  claims  tho  metallic  diaphragm.  In  1874  mill  1875 
ho  made  two  instruments  which  contained  an  iron  diaphragm  and 
electro-magnet,  and  with  thorn  produced  musical  notes  duo  to  a 
strong  battory  current  interrupted  by  an  automatic  circuit-breaker. 
Ilu  used  them  lor  experimental  exhibition  two  or  threo  times,  lost 
ono  and  broke  up  tho  other,  and  never  made  others  oxeopt  for  this 
controversy,  in  tho  fiill  of  1877  (pp.  177-184,  299-302). 

In  his  present  application  ho  assorts  that  they  can  roproduco 
speech  (p.  297)  j  but  ho  never  demonstrated  that  tlioy  could,  and 
never  tried  them  for  this  pnrposo  until  long  after  Boll  had  publicly 
used  his  metallic  diaphragm  and  patented  it  (pp.  182,  183). 

That  a  metallic  diaphragm  could  bo  used  for  this  purpose  enmo  to 
him,  from  Mr.  Boll,  as  a  new  revelation.  In  February,  1878,  Mr. 
Gray  prepared  his  spoaking-telopbono  caveat.  In  that  lie  in  sub¬ 
stance  declared  that  his  old  instrument,  which  bo  now  rolies  on, 
could  not  bo  used  for  a  spoaking-telopbono  receiver,  but  that  tho 
diaphragm  of  that  instrument  should  lie  "of  some  thin  substance, 
such  as  parchment  or  goldbeater’s  skin,  capablo  of  responding  to 
nil  tho  vibrations  of  tho  human  voico,  whethor  simple  or  complex  ” 

( nil.  181.  182.  300-3021 

°f  finishod  ii 

Clearly  Ins  wash-basin  ol  187-t  must  be  ranked  among  things 
Imiuhinod  and  declared  unlit  for  this  purpose  by  their  anllior. 

Moreover,  at  the  Ceiitenuial,  Hell’s  instrument,  at  which  Gray 
steiied,  had  a  metal  diaphragm,  but  Gray  never  laid  claim  to  it, 
ion  or  subsequently,  until  the  fall  of  1877,  when  Mr.  Bell  laid  about  - 
,000  in  public  use  (pp.  181,  182,  300,  301). 

Mr.  Edison  also  claims  the  metallic  dinplirmiin.  but  stands  on  Iho 
ime  footing  as  Mr.  Gray.  The  instruments  lie  relies  on  (Amid 
.')  were  made  in  November,  1875,  to  use  with  interrupted  currents 
>r  musical  tones  merely,  and  the  features  which  ho  intentionally 
itroduccd  into  their  construction  to  lit  them  for  that  purposu  un¬ 
ited  them  for  speaking  telephones  (pp.  208-210).  He  made  no 
sc  of  them  except  for  a  few  experiments  in  iiis  laboratory,  l  ie  did 
ut  demonstrate  that  they  could  reproduce  quality.  At  Iho  end 
f  June,  187G,  ho  heard  of  Mr.  Hell's  success,  and  took  up  the 
ihjoct  seriously  (p.  180).  It  does  not  appear  that  ho  used  his  old 
istrumonts,  but  he  triud  some  metal  diaphragm  receivers,  and  eon- 
enmed  thorn  ns  worthless  (p.  21-1).  He  then  adopted  parchment 
t  Iho  suitable  matorial,  and  Invariably  used  it  until  soveral  weeks 
Ftcr  Mr.  Boll  obtained  Iiis  patent  on  it,  and  then,  for  the  first  lime, 

3  directed  that  either  iron  or  parelimoiit  might  bo  used  (p.  215). 

His  work  of  July,  1870,  is  not  early  enough  to  all'ect  Mr.  Hell, 
id  it  is  certain  that  ho  cannot  connect  Ids  instruments  of  1877  with 
s  inoperative  and  uutriud  devicos  of  1875  by  anything  which  tho  law 
mild  term  diligence  on  the  part  of  a  man  so  well  equipped  for  Ids 
ork  ns  Mr.  Edison,  in  Iho  face  of  such  mi  invention  as  tho  speaking 
deplume  (pp.  210,  302-304). 

Wo  now  proceed  to  consider  each  interference  separately. 

Interference  A —  This  turns  upon  the  inquiry  who  first  invented 
ait  method  of  transmitting  speech  by  electricity  which  consists  in 
aising  electrical  variations  similar  in  form  to  tho  sound  waves 
liich  produce  them.  Tho  parlios'  are  the  patentee,  Hell,  and  tho 
iplicants,  Gray,  Edison,  Dolboar,  Voolkor.  For  reasons  staled 
I  pp.  8-11,  supra,  priority  must  ho  awarded  to  Hell. 

Interference  Ji.  —  This  raises  the  inquiry  who  first  invented  that 

way  of  causing  those  articulating  vibrations  by  employing  tho  move¬ 
ments  taken  up  from  tile  sound  waves  by  the  transmitter,  to  vary 
tho  resistance  of  tho  circuit  instead  of  varying  tho  elcctro-motivi 
forco.  Iho  parties  are  tho  patentee  Bull,  and  tho  applicants  Gray, 
Edison,  Voolkor.  Boll  was  tho  first  to  ooncoivo  and  to  patent.  Tho 
Others  did  not  even  follow  up  with  diligonco  such  tardy  conceptions 
ns  they  had.  Nono  of  them  had  constructed  an  instrument  when 
Boll’s  patent  issued.  For  these  tlirco  reasons  priority  must  bo 
.awarded  to  Boll. 

Interference  O.  —  This  rests  upon  the  invention  or  the  liquid  trans¬ 
mitter  as  one  moans  by  which  tho  movomoiit  of  tiio  diaphragm  of  a 
speaking  telephone  can  bo  employed  to  vary  tho  resistance  of  a  eir- 
ouit  in  a  mannor  suited  for  the  purposes  named  in  B.  Tho  pnrtios 
nro  tho  patonteo  Hell,  and  tho  applicants  Gray  and  Bell.  Tlioy  rely 
on  Iho  same  instrument  and  the  same  facts  ns  in  B,  and  for  tho  snmo 
reason  tho  decision  must  bo  in  favor  of  tho  patonteo  Belt. 

Interference  D.  —  This  turns  upon  tho  use  of  a  small  detail  of 
mechanical  construction  in  a  liquid  transmitter:  an  adjusting  screw 
to  movo  ono  of  tile  oleetrodes.  Tho  pnrtios  nro  Edison  and  Gray. 

Interference  IS.  —"In  an  acoustic  tolograph,  an  arm  itiiro  plate,  tho 
oloe’ro-magnoc  for  the  same,  and  a  closud  circuit  passing  from  tho 
helix  ol  such  eleetro-magnot  to  tho  sourco  of  umllllatory  electric 

"  This  is  tho  subject  matter  of  Edison’s  third  olaini,  and  is  sub- 
stnuliully  described  in  the  other  applications,  and  the  piled  in¬ 

Tlie  parties  arc  Boll,  patent  174,405 ;  Edison,  application  145 ; 
Gray  application  3  ;  Dolboar. 

Tho  AbbiS  l’Almrdu’s  apparatus,  described  in  Haile  (vol.  Hi.  p. 
70!)),  and  HoursouTs  apparatus  (vol.  id.  p.  821),  employed  for  re¬ 
ceiver  a  fiat  plato  of  metal  in  front  of  an  electro-magnet.  Hap  id 
alternations  of  current  in  tho  helix  caused  tho  plato  to  vibrato  and 
produco  a  musical  sound.  That  form  of  tho  Reis  apparatus  described 
by  Legal  (vol.  iii.  p.  201),  employed  an  arrangemont  similar,  but 
with  a  plato  capable  of  producing  all  pitches  of  sound.  Vnrloy  (Eng¬ 
lish  patent  of  1870,  No.  1044,  Dowd  Record,  vol.  ii.  p.  552)  utilized 
this  class  of  instruments  in  Iiis  acoustic  telegraph.  Ho  placed  tho 
helix  of  tho  receiver  in  tho  secondary  circuit  ol  an  induction  coil  so 

mil  whether  the  transmitter  in  that  circuit  boa 
In  one  form  of  his  apparatus  ho  replaced  his 
do  machino  rapidly  rotating.  This  neeossaril 
urcuit,  and  this  source  of  electric  oncrgy  tliroi 
and  uninterrupted  current.  The  language  of  t 
f,  would,  without  doing  violcuco  to  tlio  won 
us  wo  have  described,  and  wo  must  therefore 

tlie  Varley  apparatus  did  not  enable  tho  opci 
rent  changes  any  variety  of  "form  ”  he  might  \ 
control  and  vary  its  intensity  at  will, 
nd  a  patontablo  subject  matter  wo  must  go 
■rfering  specifications  do  go  beyond  it.  Eae 
and  expressly  contemplates  the  presence  of 
variations  which  convey  quality  because  Iheii 
controlled  and  which  have  acquired  the  name  ol 
o  use  of  Ihni  word  in  Mr.  Hell’s  speaking-toll 
this  interference.  Eieh  attributes  to'  the  rei 
irmnlure  and  magnet)  the  capacity  to  reprodu 

tiiu  Kinu  ot  current  referred  to,  and  without  any  limitation  as  to  i 
construction  (oxeopt  that  it  must  bo  fitted  for  this  purpose)  j  i 
oleclro-inagiict  for  tho  sumo;  a  closed  circuit  passing  thoace  to  i 
actuating  source;  in  that  closed  circuit  a  source  of  iiudulalory  ele 
trie  energy ;  that  source  is  to  bo  something  which  in  its  opornlii 
shall  always  keep  closed  tho  circuit  which  passes  through  it.  Tli 
energy  is  to  bo  "  undiilatory,”  us  distinguished  from  broken  or  intei 

'1  ho  mcro  enumeration  or  aggregation  of  theso  elomeuts  will  in 
jive  a  basis  for  a  valid  claim  (p.  1)3).  Fur  that  purposo  tin 
must  lio  found  in  a  truo  combination  in  which  everything  name 
iliall,  by  action  upon  or  co-operation  with  tho  others,  incito  c 
modify  their  action,  and  oither  produce  a  unitary  result  wlion  non 
would  be  produced  without  it,  or  materially  modify  such  result  n 
could  bo  produced  in  their  absence.  One  of  the  features  oxpressi 
mimed  is  this  "  unduhitory  ”  character  of  tho  current.  This  clomei 
is  not  operative  unless  the  combination  or  apparatus  bo  such  that  tli 
practical  result  which  is  produced  when  tho  current  is  of  this  chin 
icier  is  dill'ci-cnt  from  that  produced  by  a  current  of  any  other  chin 
icier.  Tho  ulemunt  is  not  present  for  the  purposes  of  a  patent  or  t 
constitute  an  invention  unless  its  presence  Iiq  material  to  and  make 
tself  felt  in  tho  character  of  the  result. 

Tho  receiver,  also,  which  is  to  bo  nctod  upon  by  tho  current,  unis 

n  or  quality,  according  to  issuo  A  (15  O.  G.  777). 

I’lio  instruments  for  tlio  transmission  of  spocclt,  shown  in  Mr. 
M’s  patent,  moot  those  requirements.  No  one  can  prove  a  conccp- 
n  or  a  reduction  to  praclico  of  tlio  tiling  described  in  the  issue 
less  ho  had  in  his  mind  a  conception  of  an  apparatus  which  would 
idol  quail  If/,  and  lmd  constructed  and  usud  nil  apparatus  which 
icticully  did  it.  Now,  nono  of  tho  contestants  lmd  dono  this  lio- 
o  Mr.  Hell. 

it  is  true  that  if  Mr.  Boll  had  inado  his  first  speaking  tclcphono 
h  a  receiver  which  had  neither  magnet  nor  armature,  another  might 
srivnrds li'avo  copied  tho  apparatus  as  a  whole  from  him,  suhstitut- 
tho  receiver  of  tho  issue,  and  would  then  luivo  made  tho  invention 
this  interference.  But  under  tho  history  of  those  parties  a  con- 
taut  who  says  that  ho  made  this  receiver  nflor  Mr.  Bell’s  invention 
tlio  telephone,  status  that  hu  is  the  second  to  do  it,  because  Mr. 
II  invented  it  as  part  of  Ids  first  tclcphono. 
for  a  further  discussion  of  these  topics  see  pp.  03,  234-23!),  2(57— 
I,  2!)0,  21)3,  301,  and  13—15,  supra. 

Dales.  —  Apart  from  the  character  of  tho  work,  nono  oflhocon- 
tunts  can  prove  a  djilo  early  enough  to  contend  with  Mr.  Boll. 
Gray  assorts  that  his  wash-hasin  instrument  moots  tho  issue,  lint 
have  already  shown  that,  considering  tho  neglect  to  which  lie 
signed  it,  and  his  rejection  of  it  in  his  cavoat,  it  must  rank  among 
implcto  or  abandoned  experiments, 
riority  should  therefore  ho  awardud  to  Bell,  tho  pntentoe. 
hleifercnce  F.—  Tho  parties  are:  Bell,  patent  174,4(55  ;  Dolhcar; 
y.  llio  first  count  is  for  a  magneto  transmitter,  and  the  second 
or  a  magneto  transmitter  combined  with  a  magneto  receiver, 
h  of  lhcao  coutcatiiuts  testifies  that  the  magneto  transmitter  is 
roly  novel  with  Mr.  Boll  and  that  they  loarnod  it  from  him. 
riority  should  ho  awarded  to  Mr.  Boll. 

•iterferencn  G.  —  "  A  telephonic  receiver,  consisting  of  thoeomhi- 
on  in  an  electric  circuit  of  a  magnet  and  a  diaphragm  supported 
arranged  in  close  proximity  thorcto  whereby  sounds  thrown  upon 
mo  may  ho  reproduced  accurately  as  to  pitch  and  quality  [siib- 
itially  Gray  s  claiml.”  L 

llio  parties  are  the  patontco  Boil  (174, 4G5),  Edison,  Gray,  Dol 
hear,  McDonough.  Gray’s  claim  roads  (vol.  iii.  p.  322),  "tho  com 
lunation  substantially  ns  horoinbeforo  sot  forth,  in  an  electric  circuit, 
otc.  Tho  declaration  of  interference  informs  us  that  tho  issuo  i 
“substantially'”  the  sumo  as  tho  claim,  and  wo  are  therefore  to  go  t< 
the  claim  and  to  tho  specification  of  which  it  forms  part  to  find  whn 
it  is  tluu  is  "  hereinbefore  sol  forth.” 

The  language  of  tho  issuo  nlono  does  not  stalo  nil  operative  coni' 
lunation,  because  "the  magnet”  is  not  provided  with  a  helix  and  m 
armature  is  mentioned.  But  by  a  familiar  rulo  ( Forbushv .  Cook, 
2  Fish.  G08)  wo  nro  to  go  to  the  specification  to  find  what 
opeiation  is  iutoudod,  and  then  tho  law  roads  in  tho  claim  thoso  parts 
which  nro  described  in  tho  specification  and  accessary  for  that  opera¬ 
tion.  Tho  law  does  nut  disponso  with  tho  prcscuco  of  theso  elements 
iii  tho  claim,  but  saves  it  by  reading  them  tlioro. 

Indeed  in  Gray's  specification  tho  words  "as  heruiubeforo  sot  forth” 
amount  to  an  express  statement  that  tho  armature  and  tho  1111,11  t 
have  the  qualities  which  nro  shown  in  the  specification  and  are  neces¬ 
sary  for  tho  results  described. 

Tho  issue,  therefore,  calls  for  a  telephonic  roccivor  which  is  to 
contain  a  magnet  [and  helix]  and,  supported  and  arranged  m  close 
proximity  thereto,  but  not  touching  it,  a  diaphragm  [which  of 
itself  is,  or  which  carries,  an  armature];  tho  wliolo  combined  with 
un  electric  circuit  upon  which  "sounds  nro  thrown”  [without  regard 
to  tho  chiiruetur  of  the  transmitting  instrument,  oxcopt  that  it  must 
ho  such  that  by  it  "sounds  nro  thrown  upon  tho  lino”].  But  while 
theso  must  bo  included  in  tho  issuo,  they  uro  not  tlio  wliolo  of  it. 
Its  life  is  contained  in  the  qualification  found  in  its  last  two  lines. 
All  the  parts  arc  to  ho  so  constructed,  arranged,  and  comhinod 
that  by  their  operation  "sounds  thrown  upon  the  lino”  [by  any 
transmitter  tliut  will  do  it]  shall  bo  reproduced  accurately  as  to  pitch 
and  quality .  Tho  express  language  of  tho  issuo  excludes  any 
instrument  which  is  not  so  constructed  as  to  do  this. 

Tile  specification  from  which  this  claim  is  copied  statos  that  "the 
object  of  the  invention  is  to  provide  an  apparatus  capable  of  accu¬ 
rately  rcproiluciny  in  an  electric  circuit,  not  only  tho  difl'eront  limes 

awiciili.iioi,,  I1I1(1  Ml,  Q^S.  iS110; .«nTO,  ftlelmto 
,ri,h  *'•  .him,  wouJil  il  i,,to  -  !•««* 

n»t  aco..m,olr  ,opr„<I,ic0  spoken  **' ""  "'-‘""nont  wind,  did 

?~£Z!SZ  "tS;:;-  “«-im  lh0 

mul  (ho  others  on  p.  290.)  t0’  (®00  ,t  Quoted  on  p.  222, 

It  is  (mo  that  Him  issue  h  not  / 

H  onyhnly  shall  have  construoLl  an  7  T***  “  °Iosod  oil'«'"t- 

!ml  uol,voi'sntion  while  o  ,  |0.  „  ..  ,  0  1  1  H  . . . 

b;'C.ali,"=  l,,'"»“H.itterf  ho  conhl,  so°fa 7  7,  !  U,L""-  »r  11 

Jr  r  ^  ^ 

It  results  thoroforo  (I,!,,  „ 

%  (;l,(,1'"tod  «'•  lMln..„onrt°Wli"h  “whin  1°  CO"S"'U0,0<I  ,m(1  P™oU- 

1,,',:lIl,uod  ‘ho  quality  of  „||  S0III  i,  ,,  01’al',,tu<1  “•  «oo..n.tol, 

sei'iinhmlion,  nnloss  in  the  f  ‘  °  ",0  1  0  tl  t 

, 'm  ''“t'lnUy  Imd  sounds  thrown  up  r  U!°  l0LU'01  f>''»ol 
'  q,,n  ^'  eo"I'I  l»  reproduced,  a  "  S',0,‘  "  ««■* 

°:  (S-  PP-  13-15,  s,Wm  ,  :  ns"  »  t  ,  (I  row  them 

It  is  prolmhlo  that  in  declnnng  this  lntcrforonco  tho  wrong  ono  of 
Edison’s  applications  was  put  into  this  issue.  His  130  and  111 
do  show  it.  Ilis  M8  is  tho  0110  in  whioli  tho  recoivor  is  cnrofully 
proparod  so  ns  to  extinguish  all  sounds  oxcopt  ono.  This  foaturo 
rondors  it  inoapalilo  of  roproduoing  "sounds”  gonorally,  and 
especially  inoapalilo  of  roproduoing  quality,  liocauso  it  contains  tho 
contrivnnco  invuutod  hy  Helmholtz  to  dostroy  quality.  This  con¬ 
trivance  forms  tho  subject  of  two  out  of  his  throo  claims,  liocauso  it 
ospccially  adapts  it  to  fulfil  tho  doclarod  purposes  of  Ids  invention, 
sot  forth  in  that  specification  which  is  for  mnltiplo  telegraphy. 

Priority  should  ho  awardod  to  tho  patontoo,  Boll.  (Soo  pp.  292- 
30(5. ) 

Interference  I.  —  Issuo  1  is  for  a  magneto  transmitter  with  nio- 
tallio  diaphragm.  Dolhcnr  is  tho  only  person  hosidos  Boll  who 
nltomptcd  to  mnko  a  magneto  transmitter  of  any  kind  liofore  tho 
grant  of  Boll’s  second  p  itont.  Boll  usod  ono  in  May,  18715 ;  ho 
mado  an  instrument  oxprossly  for  tho  ptirposo  July  1,  1870.  Mo 
completed  nnothor  sot  of  linishod  instruments  in  October,  1870. 
Dnlhuar  conceived  of.  it  in  Ootohor  or  Novcmbor,  1876,  hegim  to 
mnko  liis  first  instruments  after  Christmas.  1876,  mid  lmd  not  fin¬ 
ished  or  tried  them  when  Boll’s  patent  was  granted. 

Issue  2  involves  tho  pormnnont  mngnot,  and  perhaps  includes  some 
details  of  construction.  Mr.  Boll  concuived  of  it  in  October,  187>1; 
doclarod  in  writing  his  intention  of  using  it  July  2,  1876;  niadoitand 
used  it  in  July,  1876 ;  mado  nnothor  sot  of  finished  instruments  in 
November,  1876.  Mr.  Dolhcnr  conceived  of  it  Sept.  20,  1876; 
began  snmo  rude  models  in  Ootohor.  hut  did  not  completo  them : 


ovico  is  excellently  adapted  for  tlio  purpose  for  which  Mr.  Edison 
l.iiins  it.  in  a  harmonic  iniiltiplo  telegraph.  It  is  inconsistent  with 
ic  transmission  of  speech,  which  is  tlio  subject  of  tlio  interfering 
pplietitiniw  ami  patent.  Tito  interference  was  imprnviilently  do- 
Inred  (pp.  313-310). 

Interference  L.  — This  refers  to  snmo  details  of  coustrnclion.  The 
\'o  issues,  as  thoy  stand,  aro  tniintelligihlo  or  amliiguous,  and  include 
rucluros  shown  in  the  Yarley  patent  (Dowd  case,  vol.  ii.  p.  552), 
nd  in  the  well  known  Siemens  polarized  relay,  used  with  tlio 
demons  key  (Dowd  ease,  vol.  i.  p.  552,  vol.  ii.  p.  (!i)7  ;  Interference 
iccord,  vol.  iii.  pp.  385-fi).  Construed  ill  tlio  light  of  tlio  speeilicu- 
ions  from  which  they  aro  taken,  they  disclose  inventions  which  aro 
arrow,  but  giving  to  them  any  meaning  which  will  include  Mr. 
ell’s  patent,  ho  is  entitled  to  priority  (pp.  3 1 0—324) . 


Interference  Ho.  1.  —  "A  spring  forming  or  carrying  one  electrode 
'  a  telephone,  ami  constantly  pressing  against  the  other  elect  rode 
ul  diaphragm  to  maintain  the  required  initial  pressure  between 
io  electrodes  and  yield  to  the  movement  of  tlio  diaphragm.” 

This  interference  was  declared  Aug.  14,  1879,  and  the  parlies  aro 
dison,  lllako,  Irwin,  Voelkor.  It  involves  an  improvement  in 
-ticillatiuK  microphones.  The  characteristic  of  this  class  of  instru- 
ciils,  mid  one  chief  purpose  of  tlio  introduction  of  the  spring,  is 
at  the  contact  between  the  electrodes  shall  nevor  bo  brokou,  and 
e  current  shall  never  bo  interrupted.  It  is  this  which  makes  it  a 
leaking  telephone. 

Mr.  Edison’s  interfering  application  was  (lied  July  20,  1877. 

Mr.  Jlluke  Look  up  tlio  subject  and  invented  m  the  summer  of 
578,  and  in  Novombor,  1878,  put  upon  the  market,  his  "lllako 
•inamitter,”  which  at  once  met  witli  great  success.  After  several 
oiisaud  had  gone  into  public  use,  Irwin’s  application  was  liled, 
ay  24,  1879. 

Irwin's  story  is  that  lie  first  conceived  of  it  in  Ootoher,  1877.  Dur- 
g  the  next  tlireo  months  ho  inado  olio  modol  —  ho  thinks  two  —  then 



lihiko’s  invention  had  become  very  successful,  Irwin  Imntod 
remains  of  his  old  instruments  and  applied  for  a  patont.  1 
man  of  largo  means,  and  a  professional  oxperimontor  and  pa 
with  a  largo  experimental  laboratory  and  machine  shop.  As  i 
Edison  ho  cannot  contend  on  dates.  As  against  Bluko  hi 
work  must  bo  hold  to  lie  mi  experiment,  abandoned,  not  folloi 
with  such  diligence  as  tlio  caso  requires. 

Voelker’s  Case. —  After  this  intcrforonco  lmd  been  declare 
Irwin  imd  been  ollicially  informed  of  tlio  date  of  Edison’s  nppli 
which  was  enrlior  than  his  conception,  ho  caused  his  cmploy6, 
ker,  to  overhaul  somo  old  discarded  models  Voelkor  had  in  a 
and  on  them  based  mi  application  filed  by  Voelkor,  Sopt.  20, 
lint  owned  by  h-win.  Voelkor  nltompts  to  carry  his  date  b 
May,  1870.  The  work  and  instruments  ho  roiicson  aro  part  e 
already  considered  on  pp.  9,  10,  sn/ira.  Tho  answer  to  them 
.Voelker’s  work  and  his  conceptions  did  not  extend  beyond  i 
circuit-breaker,  which  lie  reinvented.  He  did  not  liavo  tho  coni 
of  the  issue,  viz.,  constant  pressure  to  secure  an  unbroken  c 
This  was  tho  conclusion  Irwin  and  his  advisors  came  to  upon 
amination  of  Voelkor’s  work  at  tho  time.  Moreover,  whale 
tlio  character  of  his  work,  it  was  not  reduced  to  practice  ;  ho  < 
succeed  in  transmitting  a  single  sentence  in  a  year  of  trial.  ! 
not  follow  up  tho  work  with  diligouco.  IIo  rosusoitatod  it  onl 
lllako  had  succeeded,  mid  his  succoss  had  bocomc  famous. 

Irwin  knew  all  that  Voelkor  had  dono.  With  this  knowdei 
swore  in  May,  1878,  that  ho  believed  that  ho  was  tho  lirst  iuvoi: 
his  work  liogan  in  Octohor,  1877.  It  is  not  to  lie  boliovod  no 
what  Irwin,  olaiming  as  inventor,  douiod  under  until,  ho  can 
claiming  as  nssigneo,  provo  was  llion  true,  to  his  kuowlodgu,  I 
that  Vnolkor’s  work  of  187G,  on  which  Irwin  built,  made  V 
tho  lirst  inventor. 

A  suit. by  Irwin  against  tho  Blako  transmitter,  dcoidodin  IV 
Blake,  Oct.  21,  1881,  furnishes  somo  instructive  information. 

meted.  tint  lie  took  up  tup  subject  urtor  ho  heard  of  Boll’s  oxliibi 
tion  ill  the  Centennial.  Bell  created  tlio  art;  Ellison  began  us  tin 
inventor  of  improvements  in  apparatus  with  which  to  practise  it 
Whether  ho  or  Mr.  Berliner  was  tlio  first  inventor  of  tho  Into  nrtic 
ulnling  microphone,  is  a  question  to  ho  settled  in  another  contro 
vorsy  j  I  ho  improvements  which  are  here  tho  real  suhject  of  inquiry 
>n  his  hcluilf,  are  tho  spring-carried  oloetrodc  (Issuo  No.  1,  Edison 
Blake,  Irwin,  Voolker),  and  tho  metallic  diaphragm  in  a  spenkin' 
telephone  (Bell’s  second  patent,  Gray,  Edison,  Dolhcnr). 

Certain  nbsolnlo  facts,  and  a  printed  publication,  establish  this  at 
tlio  extent  of  Edison’s  possihlo  claims  under  tho  presont  interferences. 

I-org  known  as  an  electrical  inventor,  ho  was  possessed  of  an  ox- 
tensive  experimental  establishment,  and  wns  allowed  by  tho  Weston 
Union  Telegraph  Company  $200  a  week  —  say,  $10,000  a  year — 
for  mere  experimental  oxpenscs,  in  addition  to  which  they  paid  foi 
all  his  caveats,  applications  for  patents,  etc.  (Sco  contract,  vol.  ii, 
p.  001;  vol.  i.,  bottom  of  p.  5;  cross-ana.  150,  p.  105).*  IU 
availed  himself  of -all  those  resources  to  tho  utmost,  and  diiritn;  the 
lliroo  years  covered  by  his  testimony,  and  boforo  tlio  declaration  ol 
thoso  interferences  ho  filed  forly-fivo  applications  and  eleven 
caveats.  Nono  of  these  broadly  claim  a  speaking  telephone.  All 
that  relate  to  the  transmission  of  speech  are  in  terms  for  "  improve¬ 
ments  in  speaking  telegrnnhs.”  It  is  obvious,  and,  indeed,  well 
established,  that  such  a  claim,  without  n  broader  one,  assumes  anil 
admits  Hint  ”  speaking  telegraphs  ”  had  previously  been  invented  by 

<5ie-SzSothcrs.  This  is  the  m 

o  conclusive  hero  frojn  tho  fact  that  tho  first 

paper  filed  which  relates  to  tho  transmission  of  speech  is  his  inter¬ 
fering  application  No.  130,  April  27,  1877  (cross-ans.  170, 
p.  109),  at  which  dato  tho  importance  of  tlio  brond  invention  nnd 
Mr.  Bell’s  claim  thoroto  had  long  been  publicly  recognized.  There 
is  nothing  in  the  caso  to  show  that  Mr.  Edison  is  in  tho  habit  of  fail¬ 
ing  to  claim  all  that  ho  thinks  ho  is  entitled  to. 

who  has  boon  especially  occupied  upon  Mr.  Edison’s  telephonic  work 
(Edison's  caso,  vol.  i.  p.  283).  It  was  from  him  that  Edison,  in 
July,  1870,  first  heard  of  Boll’s  Centennial  Exhibition  of  June  20, 
1870  (Edison,  cross-ans.  20D— 202,  pp.  1U,  U5). 

Mr.  Johnson,  in  1879,  while  tho  commercial  conlost  between  tho 
owners  of  tho  Edison  inventions  and  tho  owners  of  the  Bell  inven¬ 
tions  was  very  activtdy  going  on,  wroto  and  printed  a  pamplilot, 
which  has  been  put  into  the  case  by  Edison,  entitled,  ”  Statement  as 
to  the  Origin  mid  Development  of  tho  Tolophono.”  This  pamphlet 
contains  tho  following  conclusive  statement  (Edison’s  caso,  vol.  i. 
p.  295).  Speaking  first  of  Mr.  Gray's  telephonic  work,  Johnson’s 
pamphlet  says  (tho.  italics  are  ours) 

"As  is  above  indicated,  wo  find  A.  Graham  Bull,  of  Boston,  Mass., 

.  o.,  not  only  working  upon  tho  problem  simultaneously  with 
Gray,  but  anticipating- linn  in  the  belief  that  its  solution  was  prncti- 
ca  me;  and,  as  a  natural  consequence  of  tho  moro  persistent  invosli- 
W*  ''"S, ««  advance  of  Gray  and  other  competitors,  the  prno- 

tical  devices,  thus  hemming  the  true  inventor  of  the  apparatus  for  the 
transmission  of  speech.  While  Bell,  however,  was  thus  at  work, 
another  inventor,  Thomas  A.  Edison,  of  Menlo  Park,  N.  J.,  U.  S. 

..  whoso  attention  hat!  been  called  to  tho  subject  of  acoustic  tele"- 
raphy  by  ‘he  Honorable  William  Orton,  thou  president  of  the 
,  catun  Unioii  lclegraph  Company,  had  already  contributed  largely 
.“!“cl?<inl  auo»;liys-  «■»!  Inking  up  the  subject  of  the 
ransmisnon  of  articulate  speech  immediately  after  Boll’s  announce¬ 
ment  ol  ms  achievement,  and  boforo  ho  had  yet  made  his  dovico  of 
practical  value,  soon  distanced  evon  Boll  himself  iu  tho  brilliancy  of 
Ins  discovoncs.”  J 

V  IIc,,°>  tll0»>  l>»vo  a  specific  statement  of  Mr.  Edison’s  principal 
"  1  s  1  d  tl  1  i  i  t  ti  o  i  r  t  c  to  l  to 

him  tho  invention  of  Bell  which  was  announced  to  tlio  world  by  its 
tiso  at  the  Centennial  Exhibition,  that  Mr.  Edison  did  not  take  up 
tho  subject  of  tho  transmission  of  articulato  speech  until  after  t!»'t 
announcement  had  boon  mndo  to  him,  to  wit,  live  months  after  tho 
issuo  of  Boll’s  patent.  Tho  pamplilot  of  Johnson,  writlon  for  tho 
purpose  of  claiming  for  Edison,  in  England,  ns  against  the  ownors 
•of  Bell’s  English  patent,  all  that  tho  most  enthusiastic  admirer  and 
partisan  could  claim  for  him,  goes  on  mid  defines  Edison’s  claim  to 

,  be,  that  ho  is  tho  invonlor  of  that  form  of  tolophono  which  ho  says 
is  tlio  most  powerful  mid  useful,  to  wit,  tho  soft  carbon  instrument, 




cnrbon  transmitter,  with  M  inch  his  inimo  will  always  remain  can- 

ncctotl.  But  he  took  up  the  subject  after  ho  heard  of  Bell’s  exhibi¬ 
tion  at  the  Centennial.  Bell  created  (I10  art;  Edison  began  as  tho 
inventor  of  improvement!!  in  apparatus  with  which  to  practiso  it. 
"Whether  ho  or  Mr.  Berliner  was  the  first  invontor  of  tho  true  artic¬ 
ulating  microphone,  is  a  question  to  ho  soltlod  in  another  contro¬ 
versy;  tho  improvements  winch  are  hero  tho  real  sulijoot  of  inquiry, 
■11  his  liclialf,  are  the  spring- carried  electrode  (Issuo  No.  1,  Edison, 
Bhdie,  Irwin,  Yoclkor),  and  tho  motnllio  diaphragm  in  a  speaking 
telephono  (Bell’s  second  patent,  Gray,  Edison,  Doihoar). 

Certain  absolute  facts,  and  a  printed  publication,  establish  this  as 
tho  extent  of  Edison’s  possible  claims  under  tho  present  interferences.  known  as  an  electrical  inventor,  ho  was  possossod  of  an  ex¬ 
tensive  experimental  establishment,  mul  was  allowed  by  tho  Wcstorn 
Union  Telegraph  Company  $200  a  week— say,  $10,000  a  year  — 
for  mere  experimental  expenses,  in  addition  to  which  they  paid  for 
all  his  caveats,  applications  for  patents,  eto.  (Seo  contract,  vol.  ii. 
p.  001;  vol.  i.,  bottom  of  p.  5;  cross-nns.  150,  p.  105).*  IIo 
availed  himself  of -nil  tiioso  resources  to  tho  utmost,  and  during  tho 
tlirco  years  covered  by  ins  testimony,  and  lioforo  the  declaration  of 
tiioso  interferences  ho  filed  forty-fivo  applications  and  olovoo 
onvu,lts’  Noiio  of  these  broadly  claim  n  sneaking  toloDliono.  All 
s that  1’ohito  to  tho  transmission  of  spoooli  are  in  torms  for  "  improve- 

nicnls  in  sneaking  telegraphs.”  It  i: 

...  obvious,  and.  indeed,  well 

established,  tliat  such  a  claim,  without  n  broader  ono,  assumes  and 

_ _ admits  that  "speaking  tolographs”  had  previously  boon  invented  by 

t&eJtES  others.  This  is  tile  moro  conclusive  hero  frojn  tiio  fact  that  tho  first 

papor  filed  which  relates  to  tho  transmission  of  speech  is  his  ii 
foring  application  No.  130,  April  27,  1877  (cross -mis.  170, 
p.  109),  at  which  date  tho  importance  of  the  broad  invention  and 
Mr.  Bell’s  claim  I  lmvntn  1,0,1  l„„„  i,„„ . mi., .  .  . 



who  lias  been  especially  occupied  upon  Mr.  Edison’s  telephonic  work 
(Edison’s  case,  vol.  i.  p.  283).  It  was  from  him  that  Edison,  in 
July,  1S7G,  first  heard  of  Bell’s  Centennial  Exhibition  of  Juno  2fi, 
1871!  (Edison,  cross-mis.  209-202,  pp.  114,  115). 

Mr.  Johnson,  in  1879,  whthi  tho  commercial  contest  hotween  tho 
owners  of  tho  Edison  inventions  and  tho  owners  of  tho  Boll  inven¬ 
tions  was  very  activhly  going  on,  wroto  and  printed  a  pamphlet, 
which  lias  boon  pat  into  the  ease  by  Edison,  entitled,  "  Statement  as 
to  the  Origin  and  Development  or  tho  Telephone.”  This  pamphlet 
contains  tiio  following  conclusive  statement  (Edison’s  ease,  vol.  i. 
p.  295).  Speaking  first  of  Mr.  Gray’s  telephonic  work,  Johnson’s 
pamphlet  says  (the.  italics  aro  ours)  :  — 

"As  is  abnvo  indicated,  wo  find  A.  Graham  Boll,  of  Boston,  Mass., 
U.  S.,  not  only  working  upon  tiio  problem  simultaneously  with 
Gray,  but  anticipating,  him  in  tiio  lioliof  that  its  solution  was  practi¬ 
cable;  and,  as  a  natural  consequonco  of  the  moro  persistent  invest i- 
gnlinn,  oyolving,  in  advance  of  Oran  and  other  competitors,  tlic  prac¬ 
tical  devices,  thus  becoming  the  true  inventor  of  the  apparatus  for  the 
transmission  of  speech.  While  Bell,  however,  was  thus  at  work, 
another  invontor,  Thomas  A.  Edison,  of  Menlo  Park,  N.  J.,  U.  S. 
A.,  whoso  attention  had  boon  called  to  tiio  subject  of  acoustic  teleg¬ 
raphy  by  tho  Honorable  William  Orton,  thou  president  of  tiio 
\\  ostcrn  Uuiou  Telegraph  Company,  had  already  contributed  largely 
to  tiio  science  of  electrical  acoustics,  and  taking  up  the  subject  of  the 
transmission  of  articulate  speech  immediately  after  Bell’s  announce- 
imsnt  ol  his  achievement,  and  beforo  ho  had  yet  made  his  device  of 
practical  valuo,  soon  distanced  even  Boll  himself  in  tiio  brilliancy  of 
his  discovorics.” 

^  Hero,  then,  wo  liavo  it  speoifio  slntoinont  of  Mr.  Edison’s  principal 
”  'lncss  mid  trusted  assistant,  tho  man  who  first  communicated  to 
him  tiio  invention  of  Boll  which  was  announced  to  tho  world  by  its 
uso  at  tiio  Centennial  Exhibition,  that  Mr.  Edison  did  not  tako  up 
tiio  subject  of  the  transmission  of  articulato  speech  until  after  that 
announcement  had  boon  mmlo  to  him,  to  wit,  fivo  months  after  tiio 
issue  of  Boll’s  patent.  Tho  pamphlot  of  Johnson,  writtou  for  tiio 

Jilt  Unit  Bell  is  the  true  inventor  of  tlio  nrt,  evolving  in  nilvanco 
if  nil  competitors  tlio  practical  device. 

Finally,  as  in  none  of  his  applications  has  ho  ever  made  tlio  broad 
jlniin  which  is  the  subject  of  Interference  A,  so  such  a  claim  never 
was  made  for  him  until  lltu  Western  Union  Telegraph  Company,  in 
tlio  fall  of  1877,  undertook  their  attack  on  Mr.  Bell.  For  two 
years  they  had  owned  all  Edison’s  olcctrieiil  inventions,  lint  then  only 
for  the  first  time  did  they  sot  him  up  as  the  inventor  of  tlio  tele¬ 
phone  along  with  the  other  “  first  inventors  "  they  then  discovered. 

Details  of  Edison's  Evidence.  —  His  contost  is  with  Bell’s  palont, 
171,405,  March  7,  1870,  application  Feb.  14,  1870,  and  Bell's 
patent  180,787,  Jan.  30,  1877,  application  Jan.  15,  1877.  Proof  of 
invention  nftor  those  dates  has,  of  course,  no  hearing  on  tlio  issue, 
though  wo  shall  refer  to  his  history  after  those  dates,  because  it 
is  in  sonio  vory  important  particulars  absolutely  inconsistent  with 
tlio  idea  that  ho  had  accomplished,  before  Bell’s  patents,  tlio  things 
which  Mr.  Bell  showed  and  claimed  in  them  respectively.  This 
remark  is  particularly  necessary,  hecauso,  in  view  of  other  contro¬ 
versies,  Edison’s  proof  was  allowed  to  take  a  vory  wide  range. 

It  may  first  ho  observed  that  tlio  magneto  transmitter  (v.  pp.  52, 
1711,  supra )  is  not  chimed  or  shown  in  any  of  Edison’s  applications  j 
lie,  like  Gray,  expressly  gives  Boll  the  whole  credit  of  this.  Ilo  tes¬ 
tifies  (vol.  i.  p.  114)  s  — 

"Cross-lnl.  200.  When  did  yon  first  hear  of  Mr.  A.  G.  Bell? 

”Ans.  I  think  it  was  about  November  or  December,  1875. 

"  Cross-lnl.  201.  IIow  did  you  first  hoar  of  him  then? 

"Ans.  Some  one  told  mo  lliat  such  a  mail  was  working  in  tlio 
same  lino  as  Gray,  on  harmonic  telegraphy. 

"  Cross-lnl.  202.  When  did  you  first  hear  of  his  exhibition  of  Ids 
speaking  telephone  at  the  Centennial  ? 

”  Ans.  Some  time  in  July,  1870.  I  think  it  was  E.  II.  Johnson 
who  first  told  mo.  From  the  description  given  mo  by  Mr.  Johnson, 
that  by  talking  against  a  diaphragm  in  front  of  a  magnet  to  generate 
induction  currants,  1  was  loath  to  believe  what  lie  said.  I  did  not 
think  it  possible  that  induction  currents  could  ho  generated  suf¬ 
ficiently  strong  by  this  means  to  transmit  practically  articulated 
speech.  I  want  to  say  here,  that  1  never  conceived  the  possibility 
of  Irunsmillintj  articulated  speech  by  talking  ayuinst  the  Uiaphrttym 

in  front  of  an  electro  magnet,  I  laid  never  used  my  Exhibits  A,  A,  yufi.  — 
for  talking  with,  but  only  for  receiving. 

"  Cross-lnl.  203.  Why  did  you  not  give  Mr.  Boll  crodit  for  flint, 
in  Mr.  Prescott's  hook,  at  tlio  same  timo  when  you  said  you  had  not 
invented  that  principle,  if  you  then  thought  he  was  entitled  to  tlio 
credit  of  it? 

"  /las.  I  did  most  emphatically  givo  Mr.  Boll  orodit  of  tlio  dis¬ 
covery  of  tlio  transmission  of  articulated  spoocli  by  that  principle  in 
this  article,  hut  it  wns  serntohed  out  by  somo  person  unknown  to  me, 
nftor  it  had  been  delivered  to  Mr.  Prescott,  and  it  was  not  published. 

"Cross-lnl.  204.  Was  Mr.  Prescott,  at  tlio  tune  that  book  was 
published,  an  ollicor  of  or  employed  by  tlio  Wostorn  Union  Tulc- 
graph  Company,  or  tho  Gold  and  Stock  Telegraph  Company,  or  tlio 
.  American  Speaking  Tolophouc  Company? 

"  Ans.  He  was  employed  I  know  by  tho  Wostorn  Union  Tele¬ 
graph  Company,  and  ho  was,  I  think,  a  director  in  tho  American 
Speaking  Telephono  Company.” 

Edison’s  interfering  applications  nro  as  follows :  — 

Application  No.  130,  filed  April 27,  1877  (vol.  ii.  p.  1).  This 
slates  tho  invention  to  bo  "  an  improvement  in  speaking  telegraphs.” 

It  shows  a  transmitter  in  which  tlio  movement  of  a  diaphragm,  when 
spoken  to,  survos  to  vary  tlio  rosi, lance  of  a  circuit.  Tho  preeiso 
character  of  tho  means  hero  employed  to  vary  tho  resistance  is  not 
the  subject  of  any  inquiry  in  tlioso  intorforoncos.  Tho  recoivor 
shown  is  a  magneto  recoivor,  consisting  of  an  electro-magnet  and  a 
di"pb™gm-  It  is  stated  that  tho  diaphragms  are  proforably  of  shoot 
metal.  Tho  magnet  is  an  ordinary  electro-magnet,  not  permanently 
magnetized.  This  is  put  into  issues  A,  B. 

Application  No.  141,  filed  July  20, '1877  (voi.  ii.  p.  15).  This 
statos  tho  invention  to  bo  "an  improvement  in  speaking  tolographs.” 

Tho  transmitter  shown  is  a  true  articulating  iniorophono,  with  a  con¬ 
tact  point  (as  distinguished  from  a  broad  stirfaco  or  suit  pad  of  Hull’, 
soft  carbon,  etc.)  mounted  on  tlio  end  of  an  adjustable  spring.  Tlio 
receiver  is  a  motophono  receiver.  Certain  other  features  are  shown  /  ' 

which  are  not  lioro  material.  Tho.substanco  of  which  tlio  diaphragm  /AouXctA  (  ct' 
is  made  is  not  stated ;  tlio  materials  of  tho  microphone  contact  are 
platinum  for  ono  electrode,  and  comprcssod  plumbago,  mixod  prof-  />0. 

oi  ably  with  gum  rubber,  for  tho  otlior,  though  it  is  stated  that  cor-  Cffyu  ^ 

receiver,  it  appears  in  C  (liquid  transmitter)  and  D  (an  adjusting 
screw  in  a  liquid  transmitter). 

Application  No.  145,  filed  Doe.  13,  1877  (vol.  ii.  p.  25) ,  stntos 
tlio  invention  to  bo  "an  improvement  in  acoustic  telegraphs.”  It 
shows  a  kind  o('  magneto  transmitter  and  receiver.  It  employs  no 
diaphragm  at  all,  but  a  vibrating  metallic  plate,  or  tongue,  fastcuod 
at  ono  end  only  to  an  independent  support  at  somo  distanco  from 
tlio  mouthpiece.  It  is  stated  that  tlio  nionthpicoo  may  ho  of  a  slmpo 
which  is  adapted  to  select  a  particular  tone  and  extinguish  all  others, 
liko  a  Helmholtz'  resonator,  or.  it  may  ho  of  an  indilleront  shape 
(shown  as  a  cylinder  nliout  ono  and  ono  quarter  diamoters  long),  if 
it  is  dosired  that  it  shall  respond  equally  to  all  tones,  The  vibrating 
plate  or  tongno  is  polarized  by  attachment  to  a  permanent  innguot 
in  order  that  it  may  respond  to  reversed  currents.  This  is  put  into 
Interforouce  Ii,  which  purports  to  involve  tlio  tiso  of  any  kind  of 
metallic  plato  armature,  and  L,  which  purports  to  covor  polarizing 
the  armaturo  reed  or  plato.  Wo  consider  that  this  shows  a  harmonic 
or  acoustic  telegraph  and  not  a  speaking  tolcphono. 

Application  No.  148,  Dec.  24,  1877  (vol.  ii.  p.  20).  Tlioinvon- 
tion  is  stntod  to  ho  — 

"An  improvement  in  acoustic  toiograplis.”  "The  object  of  this 
invention  is  to  transmit  soveral  messages  ovor  ono  wiro  at  tlio  sumo 
lime  by  employing  acoustic  vibrations  or  waves,  passing  ovor  tlio 
lino  at  dillbront  rates.  The  invention  relates  especially  to  the  appa¬ 
ratus  for  reproducing  such  waves  at  tlio  distant  station  and  se/iaruliny 
cuth  *ertCa  so  as  to  render  them  audible  only  in  that  instrument 
with  which  they  aro  in  unison.” 

-o  s  The  rccoivor  tins  an  iron  diaphragm  oombinod  with  a  Ilolinlioltznna- 

lyzing  resonator,  made  of  two  telescopic  tubes,  for  the  purpose  oflun- 
,10  gj  ins  1,10  nol°  desired.  It  is  obvious,  not  only  that  Ibis  is  not  a 

—  speaking  tolophono,  but  that  tlio  wholo  of  it  possesses,  as  propor  for 
its  purposes,  those  features  which  rondortho  receivers  absolutely  unlit 
MTCV)  lor  speaking  lelcpliono  receivers.  This  application  lias  no  propor 

fl/w  rf/UUMAMtG*. 

oi  any  material,  arranged  so  as  to  reproduce  all  pitches  andquaiilioi 
of  sound.  It  is  also  included  in  J,  which  relates  to  a  muguof 
rocoiver,  in  which  tlio  diaphragm  is  of  iron  and  tlio  case  is  "reso¬ 
nant,"  wlmtovor  that  may  mean. 

Much  of  Mr.  Edison’s  work  was  expended  on  harmonic  telog- 
raphy.  This,  as  is  well  known  (u.  p.  55 ,  supra),  has  nothing  to 
do  with  tlio  transmission  of  speech.  The  transmitters  aro  gen¬ 
erally  mechanical  transmitters,  each  carefully  coutrivod  to  produce 
a  definite  rale  of  oloctrieal  vibration.  Tlio  receivers  aro  tuned 
analyzers,  eitoli  carefully  prepared  to  respond  only  to  its  own  rate. 
Iho  one  cun  not  produce  thoso  variations  which  constitute  quality, 
and  tlio  other  could  not  tnko  noto  of  them  if  they  wero  producod. 
Nothing  of  tins  work,  therefore,  has  any  bearing  on  tlio  subject. 
It  will,  however,  bo  borno  in  mind  that  Mr.  Boil  laid  been  engaged 
on  this  for  many  yours,  and  had  filed  a  number  of  applications  on  it 
before  Edison  began. 

Edison’s  cvidcuco  is  of  two  ulasses :  — 

1.  Recollections  of  himself  and  his  assistants. 

2.  -Documentary  Evidence.  —  IIo  prepared  many  caveats  and  ap¬ 
plications.  Ho  was  in  the  habit  of  committing  his  thoughts  to  paper 
in  tlio  form  of  sketches,  generally  signed  by  liimsolf  and  his  labora¬ 
tory  assistants.  Of  thoso  many  thousands  wero  niadu  in  the  cotirso 
of  three  years.  Not  all  of  tlio  earlier  part  of  that  limo  aro  preserved, 
but  most  are,  and  all  of  these  which  havo  any  bearing  on  tlio  case 
appear  in  ovidonce.  Four  hundred  and  twenty-two  sheets  of  thorn, 
containing  not  far  from  1,500  sketches,  liavo  been  put  into  tlio  case 
and  aro  photolilhog  replied.  Theso  liavo  not  tile  value  of  working 
drawings  by  a  mail  who  nevor  makes  thorn  till  iio  has  matured  ids 
ideas.  Thcry  wero  made  on  blank  hooks,  distributed  for  tiiis  purpose 
about  his  laboratory  (aus.  9,  p.  II),  and  arc  a  record  of  hie  untried 
notions  as  they  arose,  or  notes  of  experiments  as  lie  or  his  assist¬ 
ants  performed  them ;  or,  in  largo  part,  uotos  of  ideas  which  nevor 
progressed  as  far  as  experiment;  they  do,  however,  doiino  iiloas  and 
help  to  fix  dates.  His  sketches  of  1875  and  187G,  as  well  as  thoso 
of  1877,  wero  oil  paper  of  uniform  sizo,  evidently  provided  for  the 

M>-*AJLS  /M) 

1JIMJIU0U.  iuvh  mu  Biuyuui  u>  me  criticism,  so  lar  us  mey  siuio  ic- 
jl  suits,  that  they  wore  prepared  to  ho  used  as  evidence,  anil,  therefore, 
||  ambiguity  or  vagueness  in  them,  or  statements  of  results,  ought  to 
bo  received  with  sonto  caution.  On  tho  other  hand,  it  will  ho  quito 
impossible  to  mnko  any  one  believo  that  ho  had  any  ideas  which  ho 
thought  important  tinlcss  tlicso  sketches  sltow  them. 

Tho  foregoing  constitutes  all  his  documentary  ovidonco,  with  the 
exception  of  one  piece  of  paper,  a  pencil  sketch  on  tho  hack  of  a 
translation  of  Logntd  nmole  on  tho  Hois  telephone.  With  the  ex¬ 
ception  of  that,  none  of  hie  paper s  or  sketches  prior  to  the  grant  if 
Hell's  first  patent  refer  in  any  way  to  the  transmission  of  speech,  or 
exhibit  any  instruments  which  can  bo  used  as  part  of  a  speaking  tele¬ 
phone  apparatus.  They  uro  ail  confined  to  lmrinnniu  telegraphy. 
Wo  shall  presently  oxnmino  them  in  detail,  to  show  that  this  is  their 

His  story  which  relates  to  the  transmission  of  speech  is  ns  follows: 
In  tho  summer  of  1875,  and  tho  earliest  date  ho  "thinks  was  in 
July,”  or  "about  July,”  ho  was  omployod  by  tho  Western  Union 
Telegraph  Company  to  try  and  invent  a  system  of  harmonic  teleg¬ 
raphy,  in  order  that  that  company  might  obtain  such  a  system  with¬ 
out  the  oxponso  of  buying  tho  otto  invented  by  Mr.  Gray  and  Mr. 
Bell  (Edison's  ease,  vol.  i.  p.  4).  In  connection  with  this  employ¬ 
ment,  and  " in  July,  1875,”  or  "about  July,”  Mr.  Edison  received 
from  Sir.  Orton,  president  of  tho  Western  Union,  tho  translation  of 
Legal’s  description  or  tho  Keis  telephone  (p.  (i).  This  translation 
is  printed  in  Edison’s  ease  (vol.  ii.  p.  509),  Bell’s  case  (vol.  iii. 
p.  701).  He  know  perfectly  well  that  a  Hois  tolupliono  could  not 
talk  (vol.  i.  p.  10  j  p.  82, supra).  Oa  tho  hack  of  this,  and,  ho  thinks, 
ton  days  after  lie  received  it,  ho  mado  a  few  pencil  marks,  which 
indicate  a  very  rudo  and  moehanically  impossible  form  of  a  liquid 
transmitter;  but  thcro  is  no  protcnco  that  such  an  instrument  was 
mado,  or  that  an  instrument  mado  just  as  lie  tlioro  drew  it  would 
talk.  He  says  himself  (p.  9),  "I  have  spoken  ns  if  these  inslrii- 

Tlio  preservation  of  these  pencil  memoranda  was  the  result  of  ueci- 
dont.  His  regular  sketches  contained  nothing  on  tho  subject  until 
July,  18711,  after  ho  hoard  of  Bell’s  exhibition  at  tho  Centennial. 

In  tho  fall  of  1875  he  made  an  instrument  to  measiiro  currents;  it 
had  nothing  to  do  wall  the  transmission  of  speech  (nus.  2li,  bottom 
.  of  page  20).  After  this  ho  made  his  first  rude  attempt  to  construct 
a  liquid  transmitter.  His  carofulness  in  answers  is  quito  romarkablu. 
His  counsel  asked  him  when  ho  first  actually  used  instruments  for  tho 
transmission  of  spoecli.  A  direct  answor  to  that  question  would  have 
been  fatal  to  him,  so  ho  skilfully  says,  Hint  an  instrument  was  made 
for  that  purpose  in  December.  1875.  Ho  testifies  (p.  21) :  — 

"Jut,  27.  Pleaso  slato  in  that  connection  about  when  it  was  that 
you  did  actually  uso  instalments  for  tho  transmission  of  articulato 

”  A  ns.  The  first  Instrument  made  for  tho  transmission  of  articu¬ 
lato  speech  was  made  some  time  in  Dccomiior,  1875. 

"  hi.  28.  Please  tell  us  what  that  was,  and  what  you  did  with 

"  Ans,  It  consisted  of  a  stretched  mombrano,  with  a  point  of  wiro 
fastened  to  its  centre  and  immersed  ill  oleutrolytiu  lluid,  the  wiro 
electrode  being  adjusted  so  as  to  ho  immediately  opposite  another 
electrode,  tho  two  separated  by  a  short  column  of  water.” 

This  is  tho  whole  of  Ids  answer,  all  ho  can  say  in  reply  to  tho 
inquiry  "what  ho  did  with  it.” 

"Sumo  time  in  Decombor”  moans  tho  very  end  of  Docombor.  IIo 
gives  tho  date  purely  from  memory,  and  no  ono  confirms  him.  Mr. 
Bell’s  specification  was  sent  to  Washington  beforo  Unit. 

This  alleged  instrument  is  not  preserved.  Of  Ids  only  supposed 
experiment  with  this,  Mr.  Edisonsnys  (p.  22)  : — 

"  /nt.  31.  What  was  tho  result  of  tho  use  of  theso  transmitting 
and  receiving  instruments,  winch  you  have  spnkon  of  as  made  and 
used  in  November  and  December,  1875  7 

"Ans.  The  results  wore  ominenlly  unsatisfactory. 

is  tho  only  trial  mado  witli 

lie  says  in  Ids  answer  33,  that  this 

ix  months  old  mul  lmd  oxcitod  public  attention.  It  was  a  fruit 
ixperimont,  abandoned.  Nothing  more  wits  done  by  him  uliuti 
ting  telephones  until  July,  1870.  Ilis  attention  was  devoted  t 
onio  telegraphy,  and  there  is  no  ovidonco  whatever  that  ho  evo 
;ht  of  tho  subjoct  of  transmitling  speech.  So  that  this  is  th 
st  strength  of  his  story  before  March  7,  1870,  tho  dato  of  Bell' 

nc  25,  1870,  Bell  made  his  public  Centennial  exhibition  of  the 
tl  transmission  of  speech.  Mr.  Edison  ivns  at  once  informed  ol 
by  E.  II.  Johnson,  one  of  his  assistants  (eross-ans.  200-202, 
1M,  115),  and  this  iirst  roused  him  into  activity.  What  in 
hen  of  course  does  not  all'eet  Boll’s  patent,  but  is  vory  signill 
to  show  that  Edison  laid  accomplished  nothing,  and  know  in 
accomplished  nothing  before.  Johnson  slates  ( o .  p.  188  supra) 
it  was  afle-  Jiell's  exhibition  that  Edison  "look  up  the  subject.” 

!'  Edison’s  whole  series  of  sketches,  the  Iirst  which,  in  any  way, 
s  to  the  transmission  of  speech,  is  3-10*  (vol.  ii.  p.  JO).  Thii 
■•h  was  made  July  (i,  1870;  another  sketch  (vol.  ii.  p.  JJ7), 
ably  of  July  5,  1870,  is  a  ruder  sketch  of  substantially  tho  saint 
icter.  They  do  not  show  a  liquid  transmitter  in  tho  souse  oi 
Intel ferenee  C.  A  mass  of  wet  paper  or  felt  is  pressed  against  a 
diaphragm,  and  tho  current  passing  through  it  is  varied  by  tho 
motion  of  the  diaphragm.  Mr.  Edison  tostilies  about  it  (p.  82). 
He  does  not  appear  to  have  himself  devised,  made,  seen  or  used 

which  Mr.  Batcholor  doos  remember,  issimply  for  liarii  o  c  It  pie 
tLi  S'  Adams’s  in  randuni  i  Get  a  good  many  words 

plapi,  such  as  *  ITow  do  you  do  ?  * M 
Tho  most  important  paper  of  tho  summer  of  187G  is'  I 
aT“‘V°2-101  103'10,  104-10<vo1’  «•  P-  45)-  Edison  employed 
Mr.  Gilliland,  one  of  his  assistants,  to  experiment,  and,  August  2. 
Wfi,  Gilliland  a  written  report,  which  constitutes  these  shoots. 
Gilliland  is  not  called,  and,  therefore,  tho  paper  is  not  competent  evi¬ 
dence  for  Edison ;  it  sorvos,  however,  to  show  the  utmost  ids  labor¬ 
atory  could  product).  Edison  says  ho  thinks  ho  started  Gilliland  on 
this  "about  May,”  but  it  is  not  at  all  likely  that  Gilliland  worked 
throo  months  without  sketches  or  report,  while  Johnson’s  statement 
(p.  180, supra),  oonlriidictod  by  no  ono,  shows  that  all  tlioso  experi¬ 
ments  began  after  July  1.  This  report  contains  tho  following  passage 
(vol.  Ii.  p.  47) : —  ol 

,  "'V’1!"1’  which,  for  want  of  porfoct  apparatus,  was  not  thoroughly 
es  c,  ,  is  constructed  on  a  very  satisfactory  plan,  and  will,=un- 
ti<  ill.  et  ly,  lie  a  groat  improvement.  A  good  model  will  be  eon- 
“  “  01  ’  thorough  test  made  at  once.  A  platinum  wire  is 

atlachod  to  the  diaphragm  and  immersed  in  a  solution  or  liquid 
resistance  j  tho  strength  of  the  wave  is  by  this  means  varied  accord- 
„wi  .?  •?•  ‘""I’1'1"11?  !*f  11,0  diaphragm.  Various  improvomeiits 

id  modifications  of  this  plan  are  proposed.  Snob  ns  shown  for 
i..c. .uo>.ig  amplitude,  dinmond  shaped,  inunorsing  point  of  nllu- 

ox  >  to  of  tie  lq  It  smittors  doscrihed  tho 
applications  of  Gray  and  Edison  show  that  tho  construction  is  per¬ 
fectly  simplo  and  no  special  devices  ncodod.  This  confession  that 
no  speech  had  been  vet  transmitted  with  them  in  Edison’s  laboratory 

,  noxt  sketch  which  rch.tos  to  tho  transmission  of  speech 
15-10,  Oct.  12,  187li  (vol.  ii.  P-  40*  vol.  i.  pp.  43-115). 
lV„8  imulo  by  Edison,  end  is  a  liquid  transmitter  of  u  very  simple 
with  n  parchment  diaphragm  i  it  shows  no  receiver.  There  is 
ifliculty  in  recognizing  it  as  tho  original  rough  sketch  lor  tho 
irlicnlnting  telephone  of  any  kind  which  Edison  prodneos,  viz., 
hit  Water  Telephone  Inslrumuut*  of  which  a  drawing  is  hmnd 
ii.  p.  018.  Edison  can  only  say  that  this  was  before  Novein- 
1870  (pp.  101,  12!)).  Batchelor  (p.  231)  lirst  saw  it  some 
after  tho  middle  of  December  1870,  and  thinks  it  had  been 
i  some  time.  Adams,  now  dead,  made  it.  The  dated  sketch 
it  clearly  in  October,  1870. 

is  evidont,  also,  that  Edison  never  attached  any  practical  value 
lis  invention,  lie  made  no  application  on  it  until  his  141,  Sept. 
J77,  alter  the  Western  Union  had  commenced  their  attack  on 
Bell,  and  obviously  as  part  of  it. 
hat  is  Edison’s  whole  caso  on  A,  B,  C,  D. 

,re  said  that  tlioro  is  no  adequate  proof  that  Edison  made  any 
ismitling  instrument  whatever  in  1875. 

lie  only  evidence  whatever  about  it  is  Edison’s  own  testimony, 
tod  on  p.  135,  supra.  Ho  gives  tho  dato  as  "sumo  time  in 
lumber,  1875,"  having  nothing  hut  memory  to  hx  it  by,  and  tho 
,  was  livo  years  bolero  ids  deposition.  When  he  comes  to  his 
or  telephone,  which  was  really  of  October  1870,  ho  says  (p. 

’1  here  prodiicoan  instrument,  marked  *  Exhibit  Water  Telephone 
trnnient.’  1  can’t  stale  exactly  when  it  was  made  ;  it  might  have 
in  in  Dccomhor,  1875,  or  any  inuulh  between  that  tune  and  No- 
nber,  1870.” 

t  is  obvious  that  so  much  confusion  exists  in  his  mind  that  his 
ollections  oaiiuot  avail  to  prove  any  instrument  of  such  a  nature 
December,  1875.  Whether  ho  mado  it  in  tliu  fall  of  1875  or  in 
i  fall  of  1870  ho  cannot  toll.  But  this  is  not  all.  Batchelor  lias 
mi  with  Edison  since  1870  (p.  223),  and  he  rcinembeis  tho 
druinent  of  October,  1870,  but  does  not  pretend  to  remember  any  in 

fore  July,  1876  (top  of  page  230). 

John  Rreuesi  (p.  205)  is  a  workman  long  in  Edison’s  employ,  and 
who  made  experimental  tolephono  models.  Ho  is  tl.o  only  work¬ 
man  called ;  lie  does  not  pretend  to  any  articulating  transmitter  lio- 
foru  tho  slimmer  of  1870. 

Ii.  A.  Johnson  was  with  Edison  then  ns  a  principal  assistant  and 
electrical  engineer  (pp.  283-285).  He  especially  assisted  Edison  in 
his- acoustic  experiments  in  tho  fall  of  1875.  Ho  does  not  protend  to 
speak  of  any  such  instrument.  On  tho  contrary,  all  tho  transmitters 
lie  remembers  of  time  were  lor  hnrmonio  multiple  tolcgrnpy, 
and  wore  mechanical  transmitters  of  a  totally  dillbrcnt  character. 

Prof.  Robert  Spice,  expert  in  acoustics  and  professor  of  natural 
philosophy,  was  with  Edison  to  assist  Ins  experiments  on  sound 
almost  every  night  from  Nov.  23,  1875,  to  Jan.  20,  1876  (p.  283). 
He  was  precisely  tho  man  who  would  liavo  seen  such  an  instrument, 
and  to  whom  Edison  would  have  talked  on  tho  subject  if  ho  had  had 
any  serious  hopes  or  intentions,  and  who  would  Imvo  appreciated 
and  remembered  it;  but  ho  has  no  knowledge  about  it,  and  says  that 
all  tho  transmitters  ho  saw  wore  "tuned  forks  and  reeds”  (ans. 

P'  The  imaginative  Reiff  (vol.  i.  p.  272 ;  p.  220,  infra)  also  assisted  in 
these  experiments,  but  ho  remembers  nothing  or  them. 

Mr.  Edison  (ans.  4,  p.  3)  says  that  ids  laboratory  was  "a  kind 
of  a  public  place,”  and  lie  lias  never  boon  reputed  to  be  a  man  who 
concealed  his  achievements,  hut  no  one  is  produced  who  ever  saw 
this  alleged  instrument.  .  . 

It  is  certain,  from  Edison’s  express  testimony,  that  if  it  existed  it 
never  transmitted  a  single  word.  Tho  clear  weight  ot  his  own  c\i- 
denee  is  that  ids  imagination  lias  carried  I  cl  tho  instrument  »l  Oc¬ 
tober,  1876,  and  that  nothing,  that  no  instrument  at  all,  existed  in 

^Binust,  therefore,  bo  taken  (considering  especially  tho  burden 
ofp  I  nl  tie  pres,. n iplions  is  I  n  to  ipply  till 
September,  1877)  that  Edison  had  in  August,  187o,  tho  vague  ideas 
sl„  1  it  l  It  '  1  ;ll> 1)111  took  11(1  stcl>s  to",|Ul  ,*■ 
imr  them,  even  bv  the  rudest  experimental  .model,  till  July,  1876. 

minus,  is  entirely  untrustworthy  nlimit  Hint  curly  period, 
o  fur  ns  lie  !ms  ii  dated  sketch  to  aid  him.  IIo  was  asked 

lsVc^”'1  l’'ouso  desoribo  any  tolephono  instrument 

ed  to  a  lung  answor  on  many  subjects,  which  begins  as 

In  February  or  March,  187(1,  I  took  up  the  subject  of 
Ling  articulate  speech,  using  a  transmitter  which  varied  a 

vidont,  in  the  first  place,  Unit,  if  Unit  statement  were  truo,  it 
ot  a  licet  Mr.  Hell’s  patent,  the  application  for  which  was 
i  Jan.  20,  187(1,  tiled  in  tho  Ofiico  Feb.  U,  187(1.  It  is  also 
from  tho  remainder  ot  Mr.  Edison's  answor  on  page  32, 
is  entirely  mistaken  about  tho  date,  February  or  March ; 
icgan  to  fix  his  dalo  by  a  sketch,  "Exhibit  3-10,"  which  ho 
-  was  dated  Jan.  (1,  187(i,  and  based  his  answer  upon  tills 
I  but,  upon  looking  at  it  again,  ho  testified  in  tho  sumo 
hat  it  was  July  and  not  Jan.  (1. 

lint  sketch  is  tho  first  ono  produced  to  oxhibit  any  iustru- 
ich  it  is  pretended  transmitted  a  single  word.  It  is  tho 
eh  ot  any  tolephono  transmitter  nnywhuro  produood  by  him 
dy  on  ids  behalf,  except  tho  fragments  of  tho  Hourly  oblit- 
mcil  drawing  on  tho  back  of  tho  He  is  transmitter  transia- 
is  tho  first  sketch  which,  bv  its  character  anil  nrocision  <dvns 

so  far  ns  relalos  to  anything  shown  in  Bell’s  first  patent,  with  all  tho 
general  ovidoneo,  both  oral  and  documentary,  bearing  on  tho  samo, 
wo  proceed  to  oxamiuo  tho  .details  of-  his  skotchos,  caveats  and 

Those  prior  to  Boll’s  first  patont  consist  of  sketches  from  Book 
No.  9,  cavoats  71,  73,  74,  75,  sketch  for  caveat  75,  applications  108- 
111,  and  the  sketch  on  the  hack  of  tho  Buis  translation. 

From  Book  9  ho  produces  nine  sketches  : — 

Sketch  (1-9,  Nov.  1G,  1875,  voi.  ii.  p.  31 ;  referred  to  vol.  i.  pp. 
14,  23,  22G.  Acoustic  or  liarmomu  telegraphy :  analyzing  tuning 
fork  to  close  a  circuit.  Tho  logend  on  it  states  that  "tho  tuning 
fork  responds  only  to  vibrations  in  unison  witli  its  swinging  time.” 
This  produces  a  jar,  which  operates  to  close  n  local  circuit  through 
a  sounder,  and  thus  sorvos  as  an  aiialyzor  and  a  relay.  From  such 
an  Instrument  spcoch  was  neither  intended  nor  possible. 

Sketch  7-9,  Nov.  1875,  vol.  ii.  p.  32  j  referred  to  vol.  i.  pp.  11, 
13,  23,  43,  22G,  227.  A  magnetic  relay.  Tho  core  of  an  electro¬ 
magnet  was  n  spiral  spring  forming  part  of  a  local  circuit.  When 
tho  main  lino  current  passed  through  the  main  coil,  this  spiral  coro 
became  maguotio.  the  convolutions  touched,  and  thus  resistance  was 
cutout.  No  sound  waves  employod;  speech  nuithcr  intondod  nor 
possihlo.  t — ’ 

Skotcli  8-9,  Nov.  10,  187/,  vol.  ii.  p.  33 ;  vol.  i.  pp.  20,  27, 
38,22(1.  An  analyzing-  tuning  fork  in  front  of  an  elcctro-miignot 
acts  as  a  relay,  and  opons  and  closes  an  electric  circuit  when  tho 
intermittent  ctirrout  in  tho  electro-magnet  vibrates  it.  Tho  contact 

26,  2zb.  Acoustic  telegraph  receiver  or  relay.  A  tuned  reed  of 
iloel  worked  by  an  elootro-magnot  opens  and  closes  u  circuit  at  each 
vibration,  Tile  contact  points  arc  carried  on  adjustable  springs. 

Sketch  22-0,  Dec.  20,  1876  vol.  ii.  p.  30;  vol.  i.  pp.  38,  22G, 
220.  Harmonic  analysing  receiver.  It  consists  of  n  long  tubular 
Helmholtz  telescopic  resonator  of  brass.  One  tube  is  livu  indies 
(three  and  one  ball' diameters)  long;  tiio  other,  which  slides  in  it,  is 
six  indies  (four  diameters)  long.  'I  boro  is  no  diaphragm,  hut  tho 
outer  ono  has  one  end  partly  closed  by  two  strips  of  metal,  wliicli  is 
not  to  hu  vibrated,  wliilo  in  front  of  it  and  in  tho  open  space  bet  ween 
the  metal  strips  is  a  reed,  or,  rather,  in  this  imperfect  sketch,  a  piuco 
for  ono.  It  is  much  like  Ids  instrument  li  (p.  516).  It  is  tho  snmo 
ns  Fig.  14  of  caveat  75  (aftor  p.  576),  and  this  is  dcseribod  in  that 
caveat  (filed  .Jail.  14,  1876)  as  an  analyzing  resonator  with  a  steel 
spring  vibrator  (vol.  ii.  p.  574).  Fig.  3  of  caveat  74  shows  tho 
same  kind  of  contrivance  described  as  for  tho  snmo  purpose.  This 
is  Hie  first  of  the  drawings  which  shows  an  acoustic  receiver  of  any 
kind  for  producing  sounds  to  ho  heard.  Nothing  to  do  with  speech. 

Tho  peculiarity  of  this  typo  of  instruments  will  ho  examined  in 
connection  with  Exhibits  A  and  li  (pp.  208-212,  infra). 

Thus  all  the  sketches  heforo  Hell’s  first  patent  rolnto  to  harmonic 
telegraphy  soluly.  Not  ono  of  them  has  any  hearing  on  the 
electrical  transmission  of  speech,  and  the  characteristic  features  of 
each  are  fatal  to  their  uso  for  that  purposo. 

Caveats  71,  73,74,75,  vol.  ii.  pp.  546-568.  Mr.  Edison  testifies 
(cross-nns.  171,  p.  109)  that  nono  of  tlieso  refer  in  terms  to 
articulato  speech.  They  show  nothing  intended  or  suited  for  that 

Caveat  No.  71,  filed  Dec.  2,  1875,  is  ciitilicd  "Acoustic  Telegraph 

apli.”  It  begins  (p.  555),  "Tho  object  of  this  invention  is  to 
transmit  several  messages  over  a  single  wiro  at  the  snmo  time, 
without  interfering  ivitli  each  other.”  It  contains  ten  figures.  Tho 
transmitters  are  tuned  rood  circuit  bronkors  with  spring  contacts, 
except  one,  which  is  a  mechanical  wheel  circuit  breaker.  Tho  re¬ 
ceivers  aro  tuned  reed  circuit  breakers,  with  spring  contacts,  by 
which  tlioy  open  and  eloso  local  circuits  and  work  ordinary  Morso 

Caveat  No.  74,  filed  .Tail.  14,  1875,  entitled  "Improvement  in 
Multiplex  Telegraphs."  It  begins,  "Tho  object  of  this  invention  is 
to  transmit  several  messages  over  a  singlo  circuit  at  tho  snmo  time, 
Without  interference  with  each  other.”  It  contains  twolve  figures. 
All  tho  transmitters  are  circuit  breakers  having  definite  ratos.  Sonic 
of  tho  receivers  arc  tuned  roods ;  in  others  tho  analyzing  power  is 
given  by  a  column  of  air  tuned  to  respond  to  a  particular  note  and 
not  to  any  otlior,  tho  vibrating  power  boing  suppliod  by  a  reed. 
Tlieso  air  columns  arc  obtained  by  tho  uso  of  llulmhollz  resonators, 
preferably  arranged  to  bo  tuned  at  will  by  being  constructed  of 
sliding  toloscopic  tubes.  Tho  spoeificatioii  particularly  statos  (p. 
526)  that  the  object  of  this  is  that  a  vibration,  whoso  poriod  is  tho 
same  as  that  of  tho  analyzing  resonator,  will  ho  hoard  "while  all  tho 
other  srrios  of  vibrations  will  lie  inaudible.”  Tho  claims  rolaliug  to 
receivers  (claims  3,  5,  6)  arc  bused  on  this  poeulinr  poworof  selec¬ 
tion  possessed  by  the  instrument  described. 

Nmio  of  tlieso  "  resonators  ”  aro  closed  by  diaphragms.  Mr. 
Edison,  in  cross-nus.  176,  p.  110,  saw  fit  to  apply  tho  word 
"pinto"  to  the  vibrator  of  Fig.  4  ;  tho  specification  states  Hint  it  is  a 
spring  rood  in  front  of  the  nnnljzing  resonator  desciibed  ill  tho 
above  quotation. 

Caveat  No.  75  (p.  5G8),  filed  Jan.  14,  1876,  has  tho  same  title 

rho  instruments  tiro  in  terms  culled  *•  IloltnlioUss  resonator** 
no  of  tlio  resonators  tiro  dosed  by  diaphragms ;  llio.  air  in  all, 
jopt  Fig.  12,  is  vilimtad  l)y  locals  plauotl  close  to  tlio  fnml  of  tlio 
oimlni'  without  loucliing  it.  In  Fig.  12  liio  rood  is  replaced 
a  strip  of  ineiiiliraiio,  partly  lmt  not  wholly  covering  tlio  caul 
muled  by  u  snuking  coil.  Tliis  caveat  lias  seventeen  figures.  It 
ill  lie  observed  that  before  tlieso  wero  prepared,  Mr.  Edison  laid 
a  aid  of  Prof.  Spico,  an  export  in  ncoii.-tio  apparatus. 

Tlie  original  sketch  for  tins  caveat  is  made  on  Exhibit  p.  577. 
io  middle  ligure  on  tlio  shoot  is  a  resonator,  also  provided  with  a 
ad  vibrated  by  an  eloctro-magnot,  at  least  this  scorns  to  bo  tlio 
.'lining  of  it.  If,  howover,  this  wero  a  mcnibrano  and  armature, 
is  very  significant  that  it  leas  erased  by  Edison  himself  (seo  aus. 
I,  p.  31 ;  cross-ans.  182-181,  p.  Ill),  and  docs  not  appear  in  tho 
vent.  It  is,  howover,  loo  late  in  date  to  affect  Mr.  Pell. 

Tlio  character  and  function  of  a  Helmholtz  rosonalor,  Hint  it  picks 
it  ono  louo  and  kills  tlio  others,  is  woll  known.  Tlio  instrument 
is  invented  by  Helmholtz,  in  1803,  for  tlio  purpnso  of  destroying 
ticuliition  mid  enabling  him  to  pick  out  any  desired  tone  from  a 
oken  word,  and  (inis  provo  tlio  theory  slated  on  p.  10,  supra. 
ir  further  discussion  of  this  point,  seo  pp.  203-212,  infra. 

Tlio  principal  features  of  those  caveats  wero  embodied  in  appii- 
ilions  tiled  in  1870. 

Edison’s  deposition  (p.  108)  gives  a  list  of  all  his  applications 
lade  after  July  1,  1875  j  of  these,  numbers  103-113  wore  applied 
r  before  the  dato  of  Mr.  Boll’s  first  patont  j  nouo  of  them  relato 
i  tlio  electrical  production  of  sound.  Ho  testifies  (p.  1051 )  that 
)  caveat  and  no  application  relating  to  tlio  transmission  of  urtic- 
Inlc  speecli  was  filed  before  tile  issue  of  Mr.  Bell’s  socond  patent. 
Hu  made  no  miblications  on  llio  sullied  before  Jlr.  Bell’s  Ccntcil- 

bo  romemborod  that,  during  tlio  eight  months  between  his  first  at¬ 
tempt  to  produco  sound  by  electricity  (liarinoinc  telegraphy)  and 
Bell's  first  patont,  lie  had  abundant  moans  to  experiment,  as  tlio 
Western  Union  Tolegrapli  Company  furnished  two  hundred  dollars 
a  week  for  that  purpose,  say,  $10,000  a  your  (soo  contract,  voi. 
ii.  p.  G01  s  cross-ans.  150,  p.  105), and  that  during  this  time  ho  filed 
ton  applications  and  four  caveats,  tlio  caveats  embracing  forty- 
six  figures,  and  mado  n  largo  number  of  sketches  in  his  rogiilar 
sories  of  books. 

Documentary  Evidence  for  Edison  subsequent  to  Beil's  First  Patent 
Uml  before  Bell's  Second  Patent.  —  Tlio  sketolios  tiro  t  Tlio  whole  of 
Book  10,  of  which  olovou  skotchos  are  put  in  cvidouco.  Tho  first  is 
8-10,  dated  July  G,  187G.  Two  of  tlioso  eleven,  to  wit,  25-10,  73- 
10,  relato  to  liarmonio  telegraphy  solely,  and  show  circuit  breakers 
mid  tuned  rood  receivers.  Four  of  them,  101-10,  102-10,  103-10, 
104-10,  are  a  single  manuscript  report  by  a  porsoli  not  oailod  ns  a 
witness  (Gilliland),  relating  to  experiments  mado  by  him  for  Edi¬ 
son  in  Edison’s  laboratory.  It  is  put  in  ns  part  of  Edison’s  work 
mid  to  show  ins  progross,  mid  ns  such  we  accept  it. 

Sketch  3-10,  July  G,  187G  (voi.  ii.  p.  40;  voi.  i.  pp.  32,  129, 
229),  is  tlio  first  of  all  his  sketches  which  relates,  to  a  "  talking  tele¬ 
graph."  Tlio  transmitter  lias  a  mass  of  saturated  paper  arranged  to 
bo  compressed  by  llio  vibrations  of  tho  diaphragm.  Tlio  receiver  is 
a  tube,  and  tlio  legend  says  it  tins  an  "  iron  nrmnturo  pasted  on  to 
tlio  parchment i.  e..  a  parchment  mid  not  a  metal  diaphragm. 
For  results  with  it,  soo  p.  190,  supra. 

Sketch  25-10,  May  8,  187G  (voi.  ii.  p.  41 ;  voi.  i.  pp.  32,  229), 
is  entitled  "  Acoustio  Telegraphy,"  mid  consists  of  two  analyzing 
rosonntors,  which  aro  doscribod  by  tlio  legend  ns  "  resonant  tube  and 
membrane."  Tho  drawing  mid  legend  show  that  tlio  momhrnno  is 
moved  by  nttnohmont  to  a  tuned  rood  of  a  definite  rato,  tlio  shorter 
resonator  having  tlio  shorter  rood.  Edison  (top  of  p.  33,  voi.  i.) 
says  this  was  not  for  speech. 

Sketch  58-10,  July  26,  1876  (voi.  ii.  p.  42 ;  voi.  i.  pp.  33,  120, 
121,  229).  It  shows  a  multiple  contact  point  transmitter;  tlio 
legend  says,  "  Got  no  rostills."  This  is  tlio  typo  of  n  series  of  cx- 
iicriinouts  nroocoduur  on  a  falso  theory  of  tlio  vibration  ot  mum- 

1) nines  mill  llio  nature  of  articulation,  which  Edison  afterwards  gnvo 
up  ns  worthless.  Edison  tostilies  (p.  33)  Unit  ho  eiinnot  remember 
whether  this  instrument  wns  made  or  not. 

Skotuli  71-10,  July  29,  1870  (vol.  ii.  p.  43;  vol.  i.  p.  33).  It 
was  a  total  fnilnro,  and  such  an  oxporimonl  was  novor  repeated.  See 
a  description  of  it  on  pp.  197,198,  supra.  It  docs  not  meet  any  issno. 
Sketeh  73-10,  July  27,  1870  (vol.  ii.  p.  44  ;  vol.  i.  pp.  3S,  229). 

JA  multiple  contact  point  instrument ;  that  is,  an  instrument  composed 
of  a  series  of  graduated  circuit  breakers.  It  is  tho  ciilmiimtmn  of 
tho  attempt  to  uso  circuit  hroakors.  Of  this  Mr.  Edison  testifies 
(p.  35) :  - 

"This  was  usod  for  transmitting  articulate  speech,  hut  it  did 
not  work.  What  I  mean  by  saying  that  it  did  not  work  is, 
that  it  did  not  transmit  artieulalo  speech  satisfactorily.  That  you 
could  tell  that  someone  was  talking,  and,  if  you  knew  what  they  were 
saying,  il  sounded  awful  like  what  they  teere  saying." 

This  phraso  very  neatly  expresses  tho  suhstaneo  of  the  strongest 
testimony  produced  on  behalf  of  Voelker  and  McDonough. 

Chapter  vi.  of  Mr.  Prescott’s  hook  "Tho  Telephone,”  written  by 
Edison  himself,  says  of  this  class  of  attempts  (p.  223,  reprinted  in 
Edison’s  Record,  vol.  ii.  p.  074)  :  — 

j  j  "I  ondoavored  to  vary  tho  resistance  of  tho  circuit  lironortionatoly 
I wnlli  U^ajiiplitude-oil^iihi'atioii  of  the  diaphragm  by  the  use  ol  a 
i  nmiri|il.i_eit.v_olLiililtinum~iii)irils.  springs  and  resistance  coils,  —  all 
Tj>f whielLWoro  designed  to  Iio~  com  rolled  liy  llio  movements  of  tho 
!  diaphragm,  hut  none  of  liuTH'cviccs  were  successful;”-- 

j  Papers  101-10,  102-10,  103-10,  104-10  are  tho  Gilliland  report 
of  Aug.  2,  1870,  referred  to  on  p.  197,  supra.  It  declares  Hint 
tho  only  diaphragms  tumid  praeucihlo  in  receivers  nro  made  of 
membrane  provided  with  iron  armatures  pasted  on. 

Tliorc  nro  also  somo  undated  sketches  which  Mr.  Edison  says  « 
made  in  1879;  they  are:  — 

Sketeh  79-15  (vol.  ii.  p.  443).  This  is  a  liquid  transmitter, 
dated.  Edison’s  only  testimony  about  this  is,  that  it  is  a  sketch 
an  instrument  tititdo  "  m  187(1,”  and  that  "  it  did  not  operate  sa 
fnclorily  ”  (p.  35).  Wo  already  know  what  Edison  means  by  " 
satisfactorily,”  ns  defined  in  tho  sumo  answer. 

Sketches  80-15, 81-15, 83-i5  (vol.  ii.  pp.  444-448).  They  tiro 
dated.  Edison  testifies  (vol.  i.  p.  44)  that  these  skotohos  woro  mi 
in  March  or  April,  1873,  or,  in  November  or  December,  18711. 
is  perfectly  certain  that  the  latter  is  at  least  as  early  as  the  true  d 
(w.  p.  198,  supra).  They  show  various  devices  for  liquid  trimsi: 
tors,  and  for  cutting  in  and  out  or  short-circuiting  films  of  pluinha 
Or  other  high  resistance.  Edison  testifies  (p.  44)  that  tho  cm 
spondinginstrumcntsivcro  mado  between  March,  1873, and  Febrile 
1877,  and  that  (p.  4C)  "  our  confidence  was  kept  up  by  gotting  s 
tehees  now  and  thou  which  woro  said  to  ho  pretty  good.”  No  i 
else  testifies  to  them,  and  chapter  -vi,  of  Prescott’s  book,  written 
Edison  himself  (vol.  I.  p.  94),  states  that  this  typo  of  trnnsmi 
was  given  up  as  inhorently  bad  and  impracticable  (vol.  ii.  p.  074 

Sketeh  90-15  (vol.  ii.  p.  447).  Dato  mostly  torn  off.  Edi 
(vol.  i.  p.  33)  thinks  it  wns  July  5,  1878.  It  is  a  liquid  tn 
mitter,  llio  liquid  being  hold  either  in  a  cup  or  in  a  mass  of  si 
rated  paper.  (Soo  llatehelor,  p.  230.)  Tho  skotoli  is  signed 
Adams  alone  ;  it  does  not  appear  whoso  idea  it  was ;  tho  lustrum 
was  unsuccessful.  It  is  virtually  tho  sumo  us  3-10,  q.  v.  p.  205,  suj: 

Sketch  152-15  (vol.  ii.  p.  451 ),  no  dato.  Mr.  Edison  (vol 
p.  40)  thinks  it  was  November,  1878.  It  is  protty  obvious  that  I 
does  not  show  a  speaking  tolophoiio,  but  a  circuit  breaker,  will 
circuit  breaker’s  spring  contact.  Mr.  Edison  (p.  40)  does  not  k. 

r.  A.  EDISON. 

not  toml  to  uutodiito  tlio  broad  invention  of  tlio  lift,  nor  of  Iho  liquid 
tmnsinitlor,  or  anything  else  coni  1  that  patent.  They  could 
at  most  hoar  upon  tlio  question  of  priority  relating  to  that  improve¬ 
ment  in  a  speaking  tolophouo  described  and  claimed  in  Hell’s  socond 
patent,  which  consists  in  the  uso  of  a  metallic  diaphragm,  secured  at 
its  odgos,  instead  of  a  mombrano  diaphragm. 

The  Magneto  Receiver  with  Metallic  Diaphragm. 

Mr.  Edison  is  put  in  interference  on  some  issues  which  involve 
tlio  employment,  for  articulate  speech,  of  a  magneto  receiver,  con¬ 
sisting  of  an  oloetro-magiiot  and  a  diaphragm  of  a  circular  form, 
supported  at  its  edges,  and  which  carries  or  constitutes  an  armiitiiro, 
free  at  its  centre.  He  rests  entirely  on  two  instruments,  A  and 
A  ,  said  to  Imvo  boon  constructed  in  the  into  fall  of  1875. 

Many  months  bolero  this  Mr.  Bell  had  conceived  of  the  Instrument, 
described  it  to  Dr.  Blake,  constructed  it  for  this  purpose,  used  it, 
and  props  rod  his  specilicatioii.  Obviously  Mr.  Edison  cannot  main¬ 
tain  a  broad  claim  to  such  an  apparatus  ns  tlio  membrnno  diaphra-m 
magneto  receiver,  shown  in  Fig.  7  of  Mr.  Boll’s  find  patent. 

.  Mp'  Edlson’  !t  ia  understood,  howovor,  claims  that  improvement 
in  magneto  transmitters  winch  consists  m  tlio  deployment,  for  this 
purpose,  of  an  no  i  I  ,  I  gi  i  plaeo  of  a  mombrano  diaphragm 
•nd  attached  armatures  this  claim  he  rests  on  his  instruments  A 
and  A1. 

Character  of  Edison's  Exhibits  A  and  A'.  —In  Iho  fallof  1875,  Mr. 

* 18011  "aa  0,1SaS°d  upon  liarmonie  or  aooustie  telegraphy  (see  p. 
54,  supra) .  In  this  class  of  apparatus  it  is  necessary  that  the  receiv¬ 
ers  shall  analyze  the  electric  vibrations  scat  over  the  lino,  and  each 
)oce  o  rc  po,  1  111.)  01lly  t0  tll0  ,„to  fur  wIli(jh  it  ,,  t||||od. 

From  the  time  of  the  Varloy  pul  out  (Dowd  Record,  vol.  ii.  p.  550) 
in  1870,  tuning  forks  or  tuned  reeds,  or  plates  supported  at  one  end 
like  a  reed,  had  been  employed.  Mr.  Edison  undertook  to  uso 

.tl.oi  k...d  „f  luialyzcr.  Helmholtz  allowed  how  thoroughly  a 
ocy  of  air  of  a  certain  dolinito  shape,  given  to  it  by  the  shape  of 
the  containing  uvlj  it  ope  iB  v  Id  respond  to  one  pitch 
easily  and  to  all  others  with  great  dillie.ilty;  ho  showed  that  the 
proper  pitch  would  excite  a  violent  and  measured  swing  in  tlio 

contained  air,  while  other  pitches  would  waste  themsolvos  on  it 
ineffectually.  lie  also  showed  that,  in  practice,  if  aerial  vibrations 
of  several  pitches  camo  at  oneo  to  such  an  instrument,  it  would 
greatly  amplify  thoso  vibrations  to  which  it  was  tuned  and  would 
greatly  diminish  all  others.  Here  was  an  instrument,  which,  when 
exposed  to  the  suitable  sound  nlono.  would  much  amplify  it.  and 
when  exposed  to  many  simultaneous  vibrations  would  amplify  ono 
and  much  diminish  all  ntliurs.  It  was  then  an  analyzer,  and  Helm¬ 
holtz  designed  and  used  it  for  this  purpose.  Koenig's  well-known 
mniiomctric  flame  apparatus  (shown  in  Desclumel’s  Nat.  Phil.  p. 
857,  §  079)  is  nil  analyzer  consisting  of  a  series  of  resonators  closed 
with  membrane  or  rubber  diaphragms  at  ouo  end. 

Sir.  Edison  constructed  liarmonie  telegraph  analyzers  or  receiv¬ 
ers  on  this  principle.  In  some  he  amplified  the  effect  of  a  tuned 
reed  by  a  tuned  resonator.  In  some  ho  exposed  ono  end  of  a  tuuod 
resonator  to  several  simultaneous  series  of  aorial  vibrations,  an  1 
relied  on  Iho  resonator  to  give  forth  at  tlio  other  end  tlio  rate  of 
vibration  or  the  sound  desired.  Tlio  air  in  the  resonator  sympathizes 
with  the  vibration  proper  to  it,  and  is  more  moved  by  that  rate  of 
vibration  than  by  any  other;  it  is  a  caso  uf  sympathetic  rosoinnco. 

In  working  out  this  branch,  Mr.  Edison  cailod  to  his  aid  Prof. 
Robort  Spice,  an  expert  therein  (Spice,  uns.  4,  Edison’s  Recur  1,  vol. 
i.  p.  299  ;  cross-mis.  22,  p.  303),  mid,  from  Nov.  29,  1875,  to  Jan. 

20,  187(1,  ho  was  at  Mr.  Edison’s  laboratory  almost  every  night.  II 
While  ho  was  there,  or  a  few  days  beforo  lie  wont  tlioru,  instruments  | 
A  and  A1  wore  constructed ;  ouch  consisted  of  a  long  tube  of  cop-  1 
per,  about  six  inches  or  four  diameters  long,  with  a  metal  diaphragm 
at  ouo  end  and  an  elcctro-maguct  in  front  of  it.  The  instrument 
was  also  provided  with  another  tuho,  slightly  smaller,  which  slid 
insido  tlio  turgor  ono  like  the  tubes  of  a  telescope,  so  that  the  tubo 
could,  in  practice,  bo  adjtislod  to  tlio  desired  longth,  that  is,  tunod. 
Such  tubes  are  shown  in  Edison's  application  140  (vol.  ii.  p.  30). 
Thoso  wore  true  resonators  or  analyzers. 

Prof.  Spice  spoke  of  thorn  as  “  plain  tubes,”  and  then  testified 
(p.  304):- 

"  Cross-In l .  32.  What  do  you  moan  by  'plain  tubes’  in  your 

"  Cross- hit.  3a.  Did  those  plain  tubes  net  ns  Helmholtz  rosonu- 
.  tors  In  re-enforce  n  particular  sound,  or  did  they  c-quully  re-enforce  nil 
sounds  received? 

"  A  us.  Tliov  noted  ns  Helmholtz  rosonntors. 

"  Cross-hit.  34.  Wns  this  resnlt  modiliud  ill  tiny  way  by  the  cup 

_ _ and  small  Itiho  spoken  of  in  your  11th  answer?  if  so,  how? 

'lit)  CldtriXMAoijpU  "  The  cup  nml  siniill  tnlio  decreased  the  loudness,  nut  it 

a  ,  nrnMj wns  m,t  1,11  improvement.” 

It  is  proved,  therefore,  that  tlio  plain  tidies  wore  analyzing  Ilolm- 
]10|tz  resonators,  and  Hint  tlio  addition  of  the  second  tnlio  did  not 
alter  tlio  character  of  tlio  instrument,  lint  introduced  a  chaiige  in¬ 
tended  to  improve  it.  though  hi  fact  of  doubtful  practical  value. 

Mr.  Batchelor  testified  (p.  2(50)  :  — 

"  Cross-hit.  121.  For  the  purpose  of  so  iucroasing  the  volumoof 
sound,  did  lie  apply  any  of  the  resomrors  iiidiseriiniimtely  to  any 
fork,  or  did  ho  apply  to  each  fork  the  resnnulor  oi  corresponding 

Alls.  He  could  not  apply  any  resonator  to  any  fork  to  mcreaso 
its  sound,  and  did  not  do  so  except  with  the  resonator  that  was 
suited  for  the  pitcli  of  that  fork.  In  the  particular  instruments  to 
which  I  refer  ciieli  fork  hud  its  own  resonator.” 

The  control  exercised  liy  tlio  column  of  air  was  not  quite  absolute, 
it  is  true.  Prof.  Spice  says  (p.  301) :  — 

"Jut.  20.  Referring  to  the  instruments  Exhibits  A  mid  A'-,  have 
you  uny  distinct  recollection  of  these  instruments,  or  any  like  them, 
being  used  at  Mr.  Edison’s  place,  and  if  so,  what  Iciiiil  of  sound 
was  produced  by  thorn? 

"/Ins.  Yes,  i  remember  them  being  used;  tlio  sounds  woro  musi¬ 
cal,  and  agreed  mainly  with  the  reeds  or  forks,  hut  not  always,  on 
account  of  the  instrumental  appliances  not  being  brought  to  per¬ 

Still,  though  not  absolutely  perfect,  they  did  analyze  tlio  vibra¬ 
tions  stillieienlly  for  Mr.  Edison  to  use  them.  Mr.  Edison  lostilios 
(p.  18)  that  llirco  vibrating  rood  transmitters  of  dill'eront  rates  wrro 
arranged  in  one  circuit  with  three  such  receivers :  — 

"These  instruments  were  so  constructed  that  tlio  diaphragm  of  ouo 
was  larger  than  the  other;  in  other  words,  each  instrument  had  a  dif¬ 
ferent  sized  diaphragm,  tlio  idea  lio’iig  that  the  small  diaphragm 
would  ro  enforce  the  high,  and  the  largo  diaiihrmrni  the  low  notes. 



‘•These  sound  waves  woro  broken  up  into  definite  intervals  by  a  i 
Morse  key,  so  as  to  form  dots  and  dashes,  for  tlio  purposo  of  transmit-  I 
ting  three  dill'eront  messages  ovor  the  wire  simultaneously  by  sound  j 
waves,  rendered  audible  by  these  receivers." 

Two  of  those  three  nro  A  and  A1,  which  have  diaphragms  two 
and  one  fourth  and  two  and  one  half  inclios  in  diameter  respectively, 
and  tulles  nincnmltou  inolios—  say  fourdinmoters— long rospootivoly. 
IIu  testifies  (p.  19,  mis.  23)  that  tlioro  was  a  third  with  a  still  largor 
diaphragm,  now  destroyed.  P.  103,  ho  again  states  that  all  throe 
woro  thus  used  in  one  circuit.  P.  104,  ho  says  that  tlioso  woro  tho 
only  diaphragm  instruments  made ;  that  afterwards  ho  employed 
timed  roods  instoad  of  diaphragms.  B  (vol.  ii.  p.  51(5)  is  such  a 
tuned  reed  instrument ;  this  is  tlio  typo  shown  in  application  145. 
Exhibit  22-29  (vol.  ii.  p.  38)  is  the  sketch  for  it;  Edison  (p.  19) 
says  that  it  did  not  have  a  diaphragm. 

In  January,  1878,  Mr.  Edison  began  to  file  caveats,  and  followod 
those  up  by  patents.  All  these  showed  resonators,  generally  of  tho 
form  of  tho  tidies  A,  A1,  though  sometimes  of  tho  bulb  shupo  also 
used  by  Helmholtz  (».  p.  208,  supra) ;  sco  Figs.  14  and  17  of 
caveat  75.  filed  Jan.  14,  1878,  and  patent  198,087,  appliod  for 
May  18,  1878;  this  patent  shows  bulbs,  plain  tuhos  and  toleseopio 
tidies,  viz.,  r-,  t,  v,  u  and  l,  and  makes  their  employment  as 
analyzers  tlio  subjout  of  llirco  claims. 

Chapter  vi.  of  Mr.  Prescott’s  book  on  Tho  Telophono  ./as 
written  by  Edison  himself,  in  the  spring  of  1878.  Tlioso  tube  re¬ 
ceivers  are  there  described  (p.  220 ;  reprinted  in  Edison’s  Record 
vol.  ii.  p.  873).  Tho  text  says  of  them :  — 

"The  receivers  11,  and  Fig.  104,  wore  formed  of  telescopic 
tubes  of  metal,  by  lengthening  or  shortening  of  wU.oU  tho  co!  n m  of 
air  in  either  could  bo  adjusted  to  vibrato  in  unison  with  h  ® 
tone  of  the  fork  whose  signals  wore  to  bo  received  by  each  a  - 
ticillar  instrument.  An  iron  diaphragm  was  soldered  to  »«» 
these  tubes,  and  the  latter  placed  m  such  a  muni  as  to 

thou,  to  vibrato.  Whon  tho  coTiun,; 

key  woro  very  loud,  us' uuimiarod  toother  tonus  not  m  hurmmqMVitli_ 
the  column many 

CO, „o  ...1,08,  "'Inch,  when  fully  drawn  out,  "-ere  about  four  diameters 
long;  thi„  length  he  lmd  obviously  found  practically  ellbetivo  to 

/I  11  18  cort,,in>  therefore,  that  tho  form  of  plain  tuho  A  and  A1  did 
|  J  practically  operato  to  analyze. 

Noiv  it  is  clear,  from  the  nature  of  articulate  sounds,  that  such 
an  instrument  was  worthless  for  whoinsoovor  would  understand  what 
was  said  (a.  pp.  50,  supra).  Indeed,  Helmholtz  invented  them  for 
tho  purpose  01  destroying  II  o  t  c  1  tc  cl  ct  i  of  s  Is  and 
0,"ll,ll"=  1 . .  l,ick  01lt  from  tho  tones  of  tlio  voico  each  tone  pres¬ 

ent  in  t t  hy  amplifying  th  t  ltd  nearly  ext  g  I  g  the  others.  It 
is  absurd  to  say,  therefore,  that  one  who  merely  experimented' with 
such  apparatus,  had  invented  a  receiver  for  articulato  speech.  Tho 
it  e  1 1  dison  muilo  possessed,  as  a  wliolo,  oloments  which  woro 
designed  to  give  it  qualities  which  unfitted  it  for  that  purpose,  and 
one  of  those  elements -the  long  tuho -was  so  effective  that  lie 
p.. tented  it  at  once  as  an  analyzer.  It  is  a  hold  proposition  to  make 
U  also  the  basts  tor  a  claim  for  a  receiver  which  will  respond  to  all 
ehes  atid  varnitions  eiptany;  and  none  the  less  hold  from  the  fact 
.  Bo11  Tcakmg  telephone  alone  which  has  called  for  such 

an  instrument  or  givon  it  valtto. 

Edison  did  indeed  notice  that  tho  instruments  A  and  A.  did  not 
I  analyze  quite  so  perfectly  as  ho  desired,  and  if  ho  had  sought  to 
make  an  ins.rutnent  which  would  not  analyze,  and  for  that  piuposo 

lid  l  av  1  5°  h'lV0  inv0l,t011  il  ''ocoivul' 

"ould  have  been  useli.l  for  a  speaking  telephone  receiver.  n„t  i... 

speech,  consisting  of  a  magnet  and  a  ,  el  II, c  d  ,  1 1  0  ton  h  led 
with  elements  which  do  not  pick  out  special  tones,  and  tho  whole 
so  constructed  that  it  will  respond  to  dolicato  telephonic  currents : 
it  is  the  employment  of  an  iron  disk  instead  of  parohinout  in  an 
instrument  for  nrticulato  speech,  and  as  an  improvement. 

The  proof  shows  that  Edison  employed  metallic  diaphragms  in  a 
clas„  of  .i.sti.uiicnta  not  adapted  for  telephonic  currents  or  articulato 
speech,  and  that  ho  determined  that  a  metallic  diaphragm  was  unfit 
for  a  speaking  telephone. 

In  November,  1875,  Edison  had  tho  long  tubular  instruments  A 
and  A1.  In  January,  1870,  ho  prepared  his  caveat  No.  75.  Ilis 
ordor  or  sketch  for  this  shows  oil  one  shoot  (vol.  ii.  p.  577)  a  mag¬ 
neto  receiver  tmiddlo  figure),  which  contains  a  diaphragm  and 
magnet,  but  in  this  the  diaphragm  is  of  membrane;  tho  drawing 
clearly  shows  tho  arnmturu  patch  glued  on.  Evon  this  ho  thought 
worthless  and  obliterated  it;  it  is  not  in  his  caveat  nor  in  any 
patent.  Ilis  same  caveat  75  shows  in  Fig.  12  a  diaphragm  receiver, 
which,  however,  does  not  answer,  tho  issue.  Mr.  Edison  testified  that 
this  had  a  diaphragm.  If  so,  it  is  very  significant  that  tho  figure 
expressly  mentions  membrane  ”  as  tho  matorial.  It  is,  howovor, 
unfortunate,  both  for  Edison's  claim  and  for  tho  general  valuu  of  this 
testimony,  that  tho  caveat  expressly  says  (vol.  ii.  p.  573)  that  this 
is  not  a  duphiagm,  but  merely  a  "membraneous  strip”  which  closes 
one  part  of  tho  end.  This  is  all  there  is  in  his  wliolo  ovidenco 
rclatimr  to  dnmhrngms  of  itliv  kind  before  Mr.  Bell’s  Contonnial 

1<)G,  sujmt ),  and  (ho  statements,  from  umt  time  lorwaiu,  iuhhii 
111!)  material  f«r  diaphragms  in  his  receivers,  are  ns  follows : — 

Sketch  3-10,  July  6,  1876  (vol.  ii.  p.  -10 ;  vol.  1.  pp.  32,  121), 
220).  The  legend  is,  "iron  nrmnturo  pnstcil  on  to  tho  parchment." 

Sketch  25-U),  Mny  8,  1870  (vol.  11.  p.  41;  vol.  1.  pp.  32,  220). 
This  is  for  n  lmrmonie  or  ncoustio  tulcgrnph,  mul  not  for  n  spunking 
telephone,  nml  shows  two  analyzing  resonntors.  The  legend  is, 
"  llesonnnt  tuhes  nml  membrane,”  ”  one  reed  ono  note  higher  thou  tlio 
other  ” ;  nnd  goes  on  to  stnto  how  they  nro  to  ho  used  for  Morso 

Sketch  58-10,  .Tidy  20,  1870  (vol.  ii.  p.  42;  vol.  i.  pp.  33, 
120,  121,  220).  Material  of  dinphrngin  not  shown  or  stnted ;  in¬ 
strument  never  tnndc. 

Sketch  71-10,  July  20,  1870  (vol.  ii.  p.  43;  vol.  i.  pp.  33,  34). 
Material  of  dinphrngin  not  stnted  ;  Mr.  Edison  soys  that  it  did  not 

Sketch  73-10,  July  27,  1870  (vol.  ii.  p.  44 ;  vol.  i.  p.  4).  Mo¬ 
tel  ini  of  dinphrngin  not  stnted  ;  Mr.  Edison  snys  thn*.  it  did  not  work. 

Next  comos  tile  very  important  report  of  Aug.  2,  1870,  covering 
sheots  101-10,  102-10,  103-10,  104-10.  It  coutiiins  the  follow¬ 

"  In  our  first  experiments  wo  found  the  purchmont  dinphrngin  in 
tlie  transmitter  could  not  ho  kept  in  ujustinent,  owing  to  tile  ox- 
punsion  nnd  contruetion  Irom  moisture  of  the  broiith ;  n  thin  lirnss 
dinphrngin  wns  suhstituted,  whicli  entirely  overenmu  this  diiliCulty, 
hut  otliorwise  gnvo  no  hettor  results ;  n  brass  ditiphrngm  in  the 
receiving  instrument  is  injerwr  to  parchment,  owing  to  u  metidlic 
ringing  sound  it  gave.” 

It  will  lie  noticed  tlmt  n  brass  diaphragm  requires  mi  iron  nrmu- 
luro  ns  much  ns  n  memliriino  diiiplirngm  does;  it  does  not,  therefore, 
answer  Mr.  Hell’s  patent,  which  shows  fora  niiiierhtl  both  metallic 

to  ho  Octobor  or  November,  1876.  It  has  a  parchment  diaphragm. 
No  ono  would  lmvo  boro  employed  u  parchment  diaphragm,  oxposed 
to  the  breath  on  ono  sido  mid  tho  vapor  from  n  cup  of  water  on  tlio 
other,  if  lie  considered  that  metal  wns  even  capable  of  acting  satis¬ 

Sketches 80-15, 81-15, 83-15  (vol.  ii.  pp.  444-446),  aro  not  dated, 
hut  are  said  to  lmvo  boon  made  in  Novomlier  or  Decombor,  1875; 
sketch  80-15  lias  no  legend,  hut  tho  drawings  show  tho  banjo 
straining  devices  used  with  membranes;  81-15  has  "blaoklead 
or  plumbago  on  diaphragmic  membrane:  tiio  agitation  of  tho 
membrane,-  etc. ;  sketch  83-15  shows  in  tho  drawing  tlio  stretching 
device  and  tho  ragged  edges  of  a  moinbrano. 

Sketch  5-11,  Jan.  20,  1877  (vol.  ii.  p.  51;  vol.  i.  p.  46), 
docs  not  expressly  stnto  tlio  material,  but  also  shows  tlio  samo 
stretching  device  for  its  membrane. 

Sketch  8-11,  Feb.  0,  1877  (vol.  ii.  p.  53;  vol.  i.  pp.  48,  120, 
231),  is  tho  original  sketch  for  tho  instrument  of  Edison’s  first 
application,  130.  Tho  legend  expressly  states  that  tlio  diaphragm 
is  to  ho  of  " parchment ,”  and  two  of  tho  sketches  show  tiio  strain¬ 
ing  device  used  with  parchment. 

This  was  as  far  us  Edison  laid  got  whon  Bell’s  patent  of  Jan.  30, 
1877  (1876-78),  caino  out.  It  is  certain  that  Edison  had  not  tliun 
improved,  and  did  not  know  that  ho  could  improve,  tlio  instrument 
by  employing  a  metallic  diaphragm. 

In  tho  ordinary  courso  of  events  Edison  would  receive  Bull’s 
patent  about  Feb.  15,  1876,  nnd  that  would  disclosu  to  him  Unit  Bull 
had  accomplished  this  improvement.  Then  and  there,  for  the  first 
lime,  Edison  thought  that  it  might  be  desirable  to  emplog  what  liell 
had  just  patented.-  So  his  sketch  15-11,  of  Feb.  10,  1877  (vol.  ii. 
p.  57 ;  vol.  i.  pp.  48,  231),  expressly  directs  that  tho  diaphragm  bo 
of  metal.  The  lceend  reads.  "In  this  case  tho  disk  is  of  metal.”  and 

comama  at  its  top  a  drawing  marked  "Patonl  Oflico  Model,  No.  1, 
$10.00.  Adams.”  This  is  obviously  tho  model  for  application 
No.  130,  tho  instructions  for  which  wore  given  to  Mr.  Sorrell, 
March  23,  1877  (vol.  ii.  p.  508;  vol.  i.  pp.  47,  203).  Skolch 
28-11,  of  tho  same  date,  is  a  larger  but  ruder  sketch  of  the  samo 
thing  (vol.  ii.  p.  GO  ;  vol.  i.  pp.  101,  102).  Those  sketches  do  not 
stato  in  words  tho  material  of  tho  diaphragm,  but  both  of  Ilium 
show  tho  banjo  straining  dcvico  commonly  used  with  membranes. 
On  pp.  120,  130,  Mr.  Edison  testifies  with  rogurd  to  8-11,  that  it 
had  a  parchment  diaphragm,  and  adds,  "This  instrument  was  after- 
wards  changed  and  embodied  in  oaso  130.  metallic  diaphragm  being 

Hero,  then,  holwoon  February  9,  and  April  1,  that  is,  after  Mr. 
Bell’s  patent  had  been  published,  is  the  true  datu  of  the  appcaranco 
of  tho  metal  diaphragm  in  this  controversy  on  Mr.  Edison’s  behalf. 
Up  to  that  time  ovory  attempt  to  uso  it  had  failed,  and  ho  had 
discarded  it  in  his  sketches,  in  lus  experiments,  and  in  every  instru¬ 
ment  he  had  constructed. 

Mr.  Boll  patented  it  as  an  improvement  over  the  membrane  up 
to  tho  time  that  patent  was  published.  Edison  having,  ho  says;  once 
t.  .c.l  .110I..I  i.i  some  form,  discarded  it,  because,  as  bo  Hindu  and  used 
it,  lie  was  satislied  that  it  was  not  equal  to  inuinbraiie.  It  cannot  he 
said  that  ho  had  in vuu tod  and  rodueed  to  a  practically  oporativo  mid 
usuful  form,  that  improvement  in  speaking  telephones  which  consists 

. '""s  tlmm  with  an  iron  diaphragm,  as  distinguished  from 

membrane,  nor  that  ho  had  conceived  of  it  for  this  purposo  and  was 
d  I  D  i  tl)  d  cing  it  to  practico. 

Some  special  Details  of  Edison's  Proof.  —  Mr.  Edison’s  evidence 
refers  to  several  matters  which  have  no  bearing  on  theso  interferences, 
but  which  should  porhnps  bo  noticed. 

IIo  has  introduced  in  oviduuco  his  patent  141,777,  Aug.  12, 
1873,  for  a  relay  magnet,  but  it  has  nothing  to  do  with  any  issue 
or  invention  involved  in  this  ease.  It  is  an  ordinary  Morse 
sounder  apparatus,  worked  with  a  local  circuit  anil  a  trans¬ 
mitting  key  which  works  a  relay  also  placed  in  a  local  circuit. 
Tho  line  circuit  passes  through  two  contact  stops,  one  of  which  is 
carried  Oil  tho  lever  of  this  rolny.  When  this  lever  /is  drawn  down 
by  closing  tho  key  a,  the  contact  stop  l  carried  on  tho  lever  touelios 

the  screw  i,  and  tho  line  circuit  is  closed,  and  the  battery  r,  with  its 
fill,  strength,  works  tho  Morse  soundor  u  at  tho  distant  station. 
When  tho  key  a  is  raised,  tho  rotrnotilo  spring  e  of  tho  transmitting 
relay  draws  hack  tho  lever/,  separates  tho  contact  points  land  i 
and  opens  tho  lino  circuit.  So  far  •there  is  nothing  novel. 

Mr.  Edison  enclosed  thoso  two  contact  points  i  and  l  in  a  clip  which 
ho  filled  with  liquid.  1’iio  effect  of  this  was  that  tho  extremely  high 
tension  extra  currents,  which  ordinarily  mnko  a  spark  and  injuro  tho 
contact  points  by  burning  them,  wore  partly  prevented  and  pm  tly 
carried  off  through  the  liquid,  and  tho  spark  thus  avoided.  This 
is  tho  principle  mid  practically  tho  only  purpose  of  the  invention. 
Tho  lino  current  was  so  nearly  destroyed  by  tho  separation  of 
tho  points,  that  practically  it  operated  on  tho  distant  instrument 
ns  if  tho  circuit  Imd  boon  absolutely  interrupted ;  in  other  words, 
tho  current  varied  from  that  duo  to  tho  full  strength  of  tho  Imt- 
tory  when  tho  points  l  and  i  make  contact,  and  which  energized 
the  receiving  magnet  n  enough  to  work  tho  sounder,  down  to  tho 
excessively  feeblo  and  inconsiderable  current  which  passes  from  . 
tho  battery  through  tho  liquid  when  tho  point  was  separated,  and 
which  ,  was  totally  iiisiiflieiunt  to  produco  any  effect  whatever  on 
tho  sounder.  Tho  apparatus  then  was,  as  a  whole,  one  in  which 
tlio  receiving  sounder  n  had  its  armature  drawn  to  tho  magnet 
wlion  tho  current  surpassed  a  certain  strength ;  while,  when  tho 
current  fell  off  below  a  certain  point,  tho  miignot  no  longer 
moved  or  controlled  tho  iirmaturo.  mid  its  lovor  How  back  to  tho 
back  stop;  mid  tho  transmitter  was  one  which  caused  the  cur¬ 
rent  to  pass  from  above  a  certain  point  to  below  anothor  point  in 
strength.  The  transmitter  had  no  olloct  on  tho  operation  of  tho 
machine,  except  when  it  carried  tho  current  abovo  the  upper  limit 
or  below  tho  lower  limit ;  nnd  tho  rccoiver  did  not  oporato  at  all  tin- 
loss  tho  currant  was  carried  abovo  tho  uppor  limit  and  bolow  tho 
lower  limit.  It  was  then  an  apparatus  in  which,  as  regards  both 
tho  transmitter  and  tho  receiver,  tho  operation  depended  upon  tho 
passing  a  certain  upper  limit  and  a  certain  lower  limit.  It  noted 
whether  tho  current  did  or  did  not  pass  thoso  definite  and  fixod 
limits,  but  took  no  notieo  whatever  of  any  otlior  ohiingo. 

or  or  in  llio  receiver,  present  the  case  of  nil  instrument  whoso 
re  nelion  depunds  upon  Inking  odvantngu  of  every  position  of 
electrodes  in  their  whole  range  niul  not  merely  on  their  passage 
r  n  maximum  limit  or  n  minimum  limit,  or  which  depends  for  its 
ills  upon  the  capacity  of  the  receiver  to  practically  mid  mulihly 
rule  under  every  possible  variation  of  current,  whether  it  passes 
„in  limits  or  not,  and  to  give  forth  the  character  of  sound  duo  to 
Minting  every  ehango  inside  of  assigned  limits.  Indoed,  it  is  not 
tended  for  a  moment  that  tins  patent  of  Edison's  covers  or  shows 
udientes  or  leads  to  the  invention  of  the  speaking  telephone,  or  that 
iminins  or  sots  forth  any  ideas,  or  exhibits  in  its  operation  any  of 
methods  requisite  for  the  transmission  of  speech.  The  most  that 
ho  said  of  its  operation  is,  that  it  employs  a  coil  of  liquid  to 
lose  tho  contact  points  and  prevent  a  spark  i  lint  the  employment 
a  cell  of  liquid  even  to  vary  the  strength  of  the  current  by  tho 
ivcmenl  of  tho  contact  points  was  old  and  perfectly  known  in  the 
s.  Mr.  Hell’s  patent  and  the  issue  C  no  more  depend  upon  a 
liseovery  of  that  than  they  do  upon  a  rediscovery  of  tiro  elect 10- 
ignot  used  in  the  receiver.  Tho  invention  rests  in  llio  construction 
mi  apparatus  for  now  purposes  and  with  new  capacities,  and,  ot,  is  not  thu  least  anticipated  by  tho  fact  that  electro-magnets 
wires  or  batteries  or  electrolytic  colls  have  lienn  used  before. 

Mr.  Edison  says  that  if  ho  wore  to  throw  away  his  receiver  shown 
his  patent,  and  throw  away  tho  primary  circuit  of  thu  transmitter, 
d  throw  away  the  circuit-breaking  key  placed  therein,  and  throw 
•ay  tho  magnet  and  its  armaturo  and  retain  a  clip  of  water  and  two 
res,  and  then  were  to  add  to  them  the  diaphragm  ot  tho  traus- 
iltcr  and  thu  sensitive  rocoivor,  and  all  those  parts  which  go  to 
ake  up  a  speaking  telephone,  and  operate  it  by  speaking  t..  .t 
stead  ot  opening  and  closing  a  circuit  with  an  ordinary  Morsu 
tger  key,  tui  would  have  a  speaking  telephone  ;  which  is  undoubt- 
II V  true.  And  when  lie  had  done  that  he  would  have  made  a  new 

When  ho  depresses  tho  key  a  ho  energizes  tho  electro-magnet  c  and 
pulls  the  armature  mid  its  lover  until  its  motion  is  arrested  by  l 
making  contact  with  i;  ivlion  lie  opons  tho  koy  a  tho  retractile 
spring  e  draws  hack  tho  armaturo  and  its  levor  until  its  motion  in 
that  direction  is  arrested  by  tho  wire  or  point  closo  to  e,  which 
makes  tho  hack  stop  of  tho  lever.  Tho  motion,  thoroforo,  in  llio  trans¬ 
mitter,  is  a  motion  from  ono  limit  to  another  limit  with  no  stoppage 
hot  wean  tho  two,  mid  is  not  a  motion  varying  at  ovory  instant  in 
speed,  amplitude  and  direction  which  is  given  to  tho  wiro  in  a  liquid 
transmitter,  upon  which  infinite  variations  tho  whole  operation  of  tho 
speaking  telephone  depends. 

Mr.  Edison’s  other  witnesses  add  nothing  to  his  caso.  Scott, 
Bentloy,  Phelps,  Plush,  Murray  and  Prescott  had  nothing  to  do 
with  tho  tolcphouo  until  tho  sunnnor  of  1877,  long  aftor  tho  grant  of 
Hull’s  second  patent. 

Prof.  Hubert  Spico  was  witli  Edison  in  Docombor,  1875,  mid 
January,  187G,  that  is,  almost  up  to  tho  time  of  Boll's  first  patent, 
lint  he  never  had  a  word  of  conversation  with  Edison  about  tho 
Irunsnifesion  of  speech. 

IVo  have,  however,  two  witnesses  whoso  testimony  on  behalf  of 
Mr.  Edison  goes  a  good  deal  farther  limn  anything  Mr.  Edison  says 

Mr.  Willmr,  ox-oxmninor  in  tho  Patent  Oflieo,  now  counso!  f..r 
Mr.  Edison  (with  the  nice  d  t  t  that  I10  is  counsel  against  Mr. 
Edison  on  telephono  patonts,  but  connsol  for  him  in  anything  elso), 
undertakes  to  intimate  that  at  some  timo  in  1875,  ho  cannot  tell 
when,  Mr.  Edison  told  him  that  nil  instrument .m  which  ono  or  two 
movable  electrodes  woro  caused  to  movo  in  a  liquid  by  being  attached 
to  a  diaphragm  which  was  spoken  to,  would  mako  a  talking  tele¬ 
phone.  Now,  if  this  were  true  it  would  not  amount  to  anything  in 
law  to. overthrow  Mr.  Hell’s  patent:  first,  because  it  did  not  riso  oven 
to  tho  dignity  of  a  vague  conception  ;  and  second,  hocntisc  Mr.  Boll 

wrnppci-  nml  contents,  was  tho  principal  examiner  in  tlio  olectrienl 
room  who  passed  on  Mr.  Bell’s  application  for  his  patent  on  March 
7,  187G;  and  it  would  Im  an  intolerable  scandal  if  tho  examiner  who 
passed  a  patent  to  issue,  could  bo  allowed  to  como  forward  aftor- 
ivard  and  prove  that  that  patent  was  invalid,  by  swearing  that  to  his 
knowledge  tho  samo  tiling  had  boon  used  in  a  legal  senso  or 
inventod  in  any  legal  senso  sovon  months  heforo  by  a  person  who 
now  employs  him. 

Tho  other  witness,  equally  extraordinary,  called  on  behalf  of  Mr 
Edison,  is  Josiali  C.  Koiff.  Mr.  RoilV  appears  to  have  boon  very 
intimately  connected  with  Mr.  Edison  and  to  still  liavo  or  to  think 
that  ho  has  some  (non-appearing)  intorost  in  his  applications.  (Sec  his 
twenty-ninth  cross-answer,  p.  280.)  lie  says  that  ho  is  not  an  expert 
in  any  sense  on  tho  subject  of  this  instrument  (p.  280),  which  is 
undoubtedly  true,  and,  under  tho  circumstances,  destroys  any  pos¬ 
sible  value  his  testimony  might  have.  His  testimony  all  accords  with 
that  of  Mr.  Edison’s  other  witness,  so  far  as  ha  proves  that  tho  trans¬ 
mitters  which  Mr.  Edison  laid  in  tho  latter  part  of  1875  were  circuit¬ 
breaking  instruments,  forming  a  part  of  the  harmonic  or  musical  tele¬ 
graph  systom  which  Mr.  Edison  was  trying  to  liivont;  but  ho  says 
(tins.  10,  p.  275)  that  upon  "one  or  moro  occasions ” ho  thinks  that 

110  llpm1  though  ho  . .  that  ho  has  never  oven 

attempted  to  distinguish  tho  words.  Of  course,  no  matter  what  his 
testimony  is,  or  his  credulity  is,  every  one  knows  that  that  was  sim¬ 
ply  impossible  with  tho  transmitters  employed,  and  it  is  thcreforo 
g  Hi  c  tl  esse  it  1  to 'our  case,  to  trace  his  oross-exiu.i- 


oral  curiosity,  but  giving  special  attention  to  theso  experiments,  and 
Mr.  Spice,  upon  being  called,  does  not  pretend  that  any  such  thing 
took  place. 

Mr.  Spice  was  an  export  specially  employed  on  theso  instruments 
almost  every  night  for  l  o  tl  1 1  g  that  wintor.  Ho  testifies 
(tins.  12,  p.  300)  that  whon  ho  listened  to  tho  instruments  ho  hoard 
tho  sounds  of  tho  roods  or  forks,  but  lie  doos  not  suggest  anything 
olso.  In  his  twentieth  answor  ho  says,  boing  asked  what  kind  of 
sounds  were  produced,  that  tho  sounds  wero  musical  and  agrcod 
mainly  with  the  roods  or  forks,  but  not  always,  on  account  of  the 
instrumental  appliances  not  being  brought  to  perfection.  In  his 
twenty-third  answer  ho  was  asked  wholhor  lie  over  hoard  through 
theso  instruments  any  other  sounds  than  musical  sounds.  Ho  says, 
yes,  ho  hoard  tho  clicking  of  tho  keys;  tlioro  is  no  protonco  that  ho 
heard  anything  else.  In  his  thirty-first  cross-answer,  he  says  that 
theso  reeds,  tho  sound  of  which  was  all  hu  hoard,  could  not  transmit 
anything  except  thoir  own  pitch,  and  ho  explains  this  very  well 
indeed  in  his  twenty-eighth  re-direct  answor  (p.  305) :  ''The  sound 
transmitted  by  a  vibrating  reed  circuit  breaker  will  lie  tho  musical  pitch 
of  the  rood  ;  but  if  other  sounds  aro  present  and  act  to  any  appre¬ 
ciable  extent  at  all  on  tho  reed,  they  do  not  act  to  change  its  pilch,  or 
to  change  the  character  of  the  sound  which  it  produces,  but  to  dimin¬ 
ish  tho  loudness  of  tho  sound.”  Again,  ho  expressly  says,  with 
reference  to  any  possihlo  conceivable,  notion  of  tho  human  voice  on 

sllub  11  ^ . emitter,  that  the  only  effect  ho  can  concoivo  of  would  bo 

that  a  very  loud  sound  made  very  near  tho  rood  might  diminish  tho 

utmost  iittciition,  round  nothing,  tlio  unskilled  or  llio  citroloss  op  th 
uncreated  mo  really,  prolmbly  with  onliro  satisfaction  to  their  owi 
Cioiseioneos,  after  five  or  six  or  seven  years’  lapse  of  time,  to  fane; 
Hint  they  heard  oven  tho  samo  sounds  that  everybody  lias  heeomc  s 
familiar  with  sinco  Mr.  Dell  produced  tlie  spoaliing  telephone. 


Mr.  McDonough  is  of  llioso  who  novel'  know  how  to  transmi 
articulate  speech,  but  who,  since  the  grant  of  Mr.  Deli’s  patent,  Inm 
sought  to  ncci n ire  the  profits  due  to  Mr.  Dell's  invention.  This  par 
ticulnr  claimant  has  not  oven  any  pretensions  to  tile  invention  of  i 
speaking  telephono:  ho  inoroly  reinvented  the  Deis  transmitter; 
and  this  is  so  adjudged ;  his  way  of  laying  hold  of  Mr.  Hull’s  invou 
tion  is  to  present  a  claim  to  tho  receiver  which  Mr.  Doll  invented  ir 
part  uf  his  apparatus.  Upon  examination  it  will  ho  found :  — 

1.  That  Mr.  McDonough  did  not  invent  or  construct  a  spoakim 

2.  That  his  apparatus  ns  a  whole  was  a  faiiuro :  and.  therefore,  lie 
cannot  disassociate  a  part  from  tho  rest  to  control  one  who  Inn 
already  patented  that  feature  as  part  of  a  complete  and  useful  whole, 

3.  That  in  his  dates  ( whatever  ho  the  character  of  Ida  work  a  l...  is 



Wo  I: 

w  proceed  to  consider  each  issue  l.y  itself,  and  to  state  i 

~l",.7Vi‘l1  !t  1,10  filola  particularly  relating  thereto. 
lV  nel"'  'r0!'00r3  "T  d00lur0d  ^  vol'y  carelessly 

i  ,  U,e  end!  0,0  ,llliCOm,ni8Si0"0r  “  ®,rmor  occasion  h 
Z  1  0,,  ,  d  s°°  »°  imtoiitable  diflWoneo  between  some  o, 

bom,  but  thought  it  best  that  they  should  go  on,  in  order  that , 
cannon  might  ho  made  as  the  faets  should  Inf  developed  bearing  o, 
to  controversies  which  clearly  existed  between  the  parties  °n„i 
oio  substantially  mdicnted  by  the  issues.  Perhaps,  with  the  know!. 

S r  th°  *—  -  mu  im!Z 

CIO  as  well  declared  as  could  bp  expected.  The  parties  have  taken 
;,S,;;:;V',lnV01  i,;tn,.d/,“d  t,leir  «..d  the  issues  should 

ov  “  li  i  ,  ncoordi,,S'y  without  the  reformation  which 

icy  might  receive  to-day  ;  for  some  of  the  parties  have  been  waiting 

,Zc«;.  “  "'°"ld  ’1Ut  1,0  0I'0ditub,°  10  “10  °llic0  “> 

[e'nt'in  i0'.1008  A  *“  G,inVOlVO  ^  B0"’8  fc8t  P"*"*.  ”U05.  That 
d  Mr  lin°"lfm,r  ’ ,lS  W8U"slmd  1,00,1  l,ul,Iiu|y  ".ado  known, 
M..  Poll  had  been  famous  for  more  than  a  year  as  the  first,  inventor 
a  now  tiling  of  wonderful  eharaoter  before  his  present  competitors 
b  one  except,,,,,  on  one  issue)  appeared  to  the  public  ns  claimants. 
P  ptensious  wore  first  announced,  their  alleged  dibits  made 
own,  and  their  claim  In  tlm  . .  ,  ... 

Gray,  application  No.  1,  Oct.  29,  1877. 

Dolboar,  application  Oct.  31,  1877. 

Voolkcf,  application  May  19,  1877. 

Tho  issue  is  in  tiio  langungo  or  Gray’s  first  claim.  It  is 
tlio  opinion  of  tlic  Ollico  anil  correctly,  substantially  tile 
specified  in  Boll’s  firth  claim.  That  fifth  claim  is  as  follows  : 

"Tho  method  of,  and  apparatus  for,  transmitting  vocal  o 
sounds  telegraphically,  as  herein  doscril.od,  hy  causing  at. 
it  ml  illations  similar  in  form  to  tho  vibrations  of  tliu  air  acooi 
mg  tlic  said  vocal  or  other  sounds,  substantially  as  sut  forth.' 

None  of  tho  applicants,  except  tlioso  just  named-  muko  an 
whatever  to  this  method,  or  to  any  method.  Tho  claims' 
others  aro  merely  to  details  of  tho  apparatus  oinployed  in  ci 
i  t  out. 

Tho  gist  of  the  invention  intended  to  lie  covered  by  Hi 
is,  that  tlic  sound  vibrations  produced  in  tho  air  by  tho  voice 
spoil kor  shall,  of  themselves,  operate  to  cause  electrical  varinl 
undulations  on  tho  line,  which,  in  their  form,  in  tho  toohnicn 
of  that  word,  aro  similar  to  tho  form  of  tho  air  vibration: 
that  tlioso  electrical  undulations,  having  this  special  eharaotor, 
by  an  appropriate  instrument  at  tho  farther  end  of  tho  lino,  la 
converted  into  aerial  undulations  or  tits  of  tho  snmo  ciu 
rr  form.  It  will  ho  observed  in  this  apparatus,  and  in  any  ap| 
practising  this  u  ll  1  11  tl,0  method  itself,  that  tho  II 

is  sulliciont,  Iieoauso  it  implios  l.y  tho  phrase  tui  on  f  e 
vorsntion,”  not  that  a  noiso  is  to  lie  produced  at  a  distant  station,  I 
that  tho  conversation  of  tho  spoakor  itself  is  to  ho  transmitted,  mic 
to  bo  the  causo  of  tho  sound  (v.  pp.  38,  51,  99,  supra).  This  I 
boon  established  as  tho  moaning  of  this  issue  by  Commissioner  Pail 
who  says  of  it  (Gray  v.  Boil,  15  0.  G.  778)  :  — 

.  "  Tho  first  invontor  who  diseovorod  that  nature  had  made  elect 
oily  a  vehiolo  for  tho  transmission  of  tho  quality  ns  well  as  the  nil 
and  strength  of  tlic  human  voico,  and  first  dovisod  a  practical  moth 
lor  tho  variation  of  an  oloctrio  current  in  a  oirouit  hy  means  of  t 
sound  vibrations  caused  by  articulate  speech,  and  of  reproducin'' t 
same  sound  vibrations  at  a  remote  point  of  tho  circuit,  and  To 
delivering  at  that  point  tho  same  words,  with  their  strength,  piti 
and  quality  unchanged,  and  dovisod  moans  for  oarryiii"1  out  til 
inuthod,  is  entitled  to  protection  as  against  all  subsequent Inventor 
both  foi  Ins  inolhml  mid  lor  ins  piirliuiihu*  moans.” 

This  is  tlio  moaning  which  ho  attributes  to  issue  A,  nnd  it 
bcenuso  lie  attributes  that  moaning  to  it  that  ho  considers  it  co 
stilutos  a  proper  issuo  of  patontnblo  suhjoot  matter. 

We  aro  to  inquiro  then  who,  in  tlio  souse  of  tlio  law,  first  ii 
vented  an  apparatus  in  which  tlio  sonorous  vibrations  in  tlio  air  di 
to  spoken  words, or  to  any  otlior  sound,  ofthomsolvos  oporated  tho  ii 
strnmont  nnd  caused  undulations  in  the  current  of  similar  form,  whic 
undulations  reproduced  tho  snmo  sound  vibrations  at  a  remote  poii 
-f  tlic  circuit,  so  porfootly  that  tlio  oar  tlioro  took  note  of  thos 
■oproducod  sound  vibrations  ns  signifying  tho  same  words  that  wor 
ittored  by  tlio  spoakor  at  tlio  transmitting  stutiou. 

Dates  of  the  Parlies. 

Mn.  Bell  definitely  nnd  precisely  concoivod  of  this  method,  am 
fan  apparatus  for  carrying  it  out,  at  loast  ns  onrly  ns  Octobor,  1874 

rr:?  "'hiei1  'vas  ox,'ciii'  th°  “»» « ti..a  or  pir::, 

i  II,  insults  (lion  obtained  wore  not  perfectly  -mod  ho  was 

strrr-  ,m  °po,',,iive  111111  iiiiit 

iriathm  in  i/  S’  “  "!°r0  i  ll,oked  ''"mhnnlcnl  perfection  without 
'Il  J  ,  T°"  °r  US  modo  ,lf  "I’01'111'0"  >  and  with  ii  great 

a  patent  •  ® 1,.?"°  po,'fovorilllco  1,0  P"^  “■>  until  ho  Imd  1 1  nnc  I 
lv  il  ,  VrS  Umt  h°  MlanA  1,1111  «»  prohlom  was 
r  on  ,  ’  ‘  r^1!’  U°  d0,lbt-  110  ,V11S  conscious  that  the  instru- 

75  ho  hoi  '  ,mpr:,Ved  C!M3.  **««)•  In  Oclohor, 
ni tl„  noriod  M*  *“  81)(;c,lit,ntio,u  during  all  the  intcr- 

,*y  mid  oih  *  V01  V  W,W  US  US8'tIuo,,s  113  ,l‘s  circumstances,  pccu- 
eZLTZTr M  lWm,t!  h°  ,"l,H™d  and  days j 
,o  'SOv,,-  ,U000M!  Wlli,°  l‘‘s  lettors,  wrilton  at  the 

«7  zi;  irm,r  w:s.contim . .  i,,to,it  011  ii-  ^  (PP. 

lohor  1874  °f  inV°"ti,“1  ,0r  thU  isi110'  therefore,  was 


ad  mixed  up  the  fidf ofWf .CJ“1°"C0'  hmvovor-  shows  that 

rJ  ST-tit 

“T, J.'"f  • ls,!: ■  ™  » b.  ixiti  dU.  ,1  ; 

lotwl  ,  r  n  ,°  C0“,lmIy  di<1  1,1,1  11,1111  reduce  it  to  practice 
■minor  0f  1878  °i  ^  'l"d  hi3  kno'v,odS°  of  Hall’s  success,  i„ 
of  1870,  ho  d,d  absolutely  nothing.  He'dld  not  exer¬ 

cise  the  “  rons.nmhlo  diligence"  of  the  statute  which  would  ennl 
mu  to  date  back  to  1875.  Moreover,  there  is  no  reason  to  tin, 
that  Mr.  Edison  had  the  idea  (or  a  moment  that  ho  was  the  first  i 
vontor  of  what  was  first  described  in  this  issue.  Ho  never 
,  11,0  “I’ldlcatton  is  for  an  "improvement  in  speaking  tel, 

plumes  eo  nomine,  and  it  is  difficult  to  see  upon  what  pretence  tl: 
Office  puts  an  application  for  an  improvement  in  speaking  telephone 
into  interference  with  a  patent  more  than  a  year  old,  which  for  th 
first  tune  aim  wad  a  spooking  tolophono  of  nay  kind,  but  which  di 
not  show  specifically  the  forms  exhibited  in  the  later  applied,,.,. 
1’inallj,  Mr.  Edison  puts  in  ovidonco  a  publication  made  on  hi 

. . .  Ilis  •'saistitiit  and  witness  Johnson  in  1870,  which  stales  i, 

terms  that  Hell  is  " the  true  inventor  of  the  apparatus  for  the  Iran. » 
mission  of  speech,"  and  that  Edison  "took  up  the  subject  of  the 
transmission  of  articulate  speech  immediately  after  Bell's  announce- 
mailt  of  his  achievement"  (p.  189,  supra). 

Quay's  Cash.  — Mr.  Gray  conceived  some  ideas  on  tho  subject  nt  a 
■  date  which  was  not  before  tho  time  when  tho  " lovers’  telegraph"  was 
explained  to  him  and  shown  to  him  in  Decombor,  1875,  and  not  after 
Feb.  11,1878  (p.  171,  supra).  There  is  no  evidence  tending  to  show 
Unit  ho  Imd  any  definite  ideas  wliatovor  about  it,  ordiselosod  any  ideas 
to  anybody  until  Fob.  11,  1878,  when  he  made  a  sketch  and  caveat, 
winch  was  prepared,  sworn  to  and  filed  on  the  14th  of  February,  a 
few  hours  after  Mr.  Bell’s  application  tiled  on  the  same  day  (p.  171, 
supra).  Mr.  Boll’s  application  was  signed  and  sworn  to  on  tho  20th’ 
of  January,  and  that  antodato  Mr.  Gray’s  conceptions.  Tho  grant 
of  Mr.  Bell’s  patent  and  tho  public  exhibition  of  Boll’s  apparatus  and 
its  actual  uso  by  Mr.  Gray  anledato  Gray’s  first  attompt  to  reduce 
to  practice.  It  appoars  that  Mr.  Gray  novor  attempted  to  construct 
an  instrument  until  after  he  had  seen  Boll’s  patent  and  had  personally 
used  Mr.  Bell’s  telephone  and  hoard  speech  transmitted  through  it  at 
the  Centennial ;  that  tho  instrument  he  then  endeavored  to  construct 
gnvo  him  no  rosults  wliatovor,  and  it  docs  not  appear  that  ho  had 
ever  transmitted  a  single  articulate  word,  or  that  ho  had  any  instru¬ 
ment  for  that  purposo  which  now  exists,  or  which  is  supposed  or 
alleged  to  liavo  been  capablo  of  transmitting  a  word  until  Mr.  Bell’s 
Patent  was  ono  year  old  (p.  172,  supra).  Finally,  Mr.  Gray  very 

doclaredana  acknowledged  tliot  Mr.  Boll  was  the  first  hiveil 
the  speaking  tolophono  (p.  173,  supra).  Keen  if  Mr. Gray's  o, 
,  "S  ,ma  b,uon  0,,rlio''  wore,  this  Mato  of  facts  show 

o  exorcised  no  diligence  whatever  in  porfooting  thorn-  or  ad-i 
thoin  to  practice  Lastly,  ho  did  not  make  his  appearance  i 

C°  ,'i  *  l,'  bai'  . . i  tliOiisnnd  mstrinnonts  in  comm 

v.  and  then  lie  appoarod  as  assignor  lo  tho  Western  Union,  Company,  who  I, ad  announced  tiioir  intention  of  obln 
Pi—m  of  this  invention  hy  some  means  (pp.  3,,  33,  ^ 
M 1;  G.  y  S  apphcatio"  should,  as  a  matter  of  law,  state  his  it 
[]{  s  agg's,  '°f.  "'0l  U.'"."'l"ul1  1,0  li»s  contemplated  applyi, 
[B.  S.  •!  888).  Ho  I, as,  m  fact,  in  ins  application  in  which  he  el 
n  oadly  tins  method,  doscrihod,  as  a  means  for  applying  it  or  a  i 
or  applying  an  apparatus  to  tho  invention  of  which,  on  the 
oss  stand,  he  confesses  that  he  has  no  claim  whatever,  to  wit, 
nagnolo  ransnnssion  apparatus.  He  1ms  set  forth  in  his  sped 
j  ’."I10  a,re.ol,on  "'llicl1  ho  Sivos  t‘>  the  public  for  tho  praelic 

Vl to  T  ,  t  which  did  not  originate  with  him, 

,  ,  .h0  lw?  I°m'1,0‘1  lv<»"  l''«  invontion  and  patent  of  Mr.  1 
!»  ""iks  to  supplant  (pp.  183,  184,  supra).  Now,  apart  I 
"'  quest, on  whether  a  patent  granted  on  such  an  application  wonh 
»  '  1.  il  *  ccr  am  that  Mr.  Gray  I, as  stated  in  that  application  as  , 
.  "  l"r“,™',t,0,i  »  "“‘I.  i"  his  opinion,  should  ho  laid  before  tho  ,! 

,  'I"®1'  tl<:0""  ,lc  1110,11  10  l"'iietiso  it,  matters  which  he  did 
I  “  l'°,  "m(l0  llis  invention,  and  which  he 

n  lui  '  i°d  r"  th0  P,,l,li8h0tl  l,llte"t  mid  instruments  of  his  ril 

:  ‘ Z:  2  r"°  hlfu~1-'i  the  Otlice  and  law  si: 

irom  emit  course  of  conduct. 

itZf  f',,t,ton'iontoone|)nrtofJrr'G,',i>  t  i 

gi  t  nnslcad,  nnless  carofnlly  read.  Tho  issue  i<  in  t|le  I  „ 

e^no u2eSnf1,nI»0lftlm,8n  l'mt  1,0  o  mill  '  tint 

no  coi  cctly  desenbo  tho  real  subject  matter  of  tho  controvo, 
nought  to  raise.  In  I„t.  8  to  him  (vol.  iii.  p.  3S7),  ,1 

tl'°  iS-"0’  "l,d  1,10  and 

o  I’"lt  01  lt-  I"  "iqn'i'y  is  framed  to  which  Mr.  Gray  can  -I 
eritf0'  nothing  cm  bring  out  the  fact  better  than  °,1 
S  0"’  'vl“o11  s,10"r“  ‘hat  in  1874  Mr.  Gray  did  some, l,t 

which  did  not  meet  tho  issue  ns  he  himself  Ims  stated  it  j  while  Ui< 
Ans.  12,  p.  391,  states  that  his  first  attempt  to  construct  an  apparatus 
which  could  ombndy  tho  invontion  was  in  July,  1878,  when  ho  had 
known  for  throe  months  of  Bell’s  patent,  and  soon  his  apparatus. 

Doliihah’s  Case.  —  Mr.  Dolhcur’s  explicit  testimony  is,  that  Mr. 
Bell,  and  not  himself,  is  tho  first  invontor  of  tho  speaking  tolophono 
(pp.  1(11-104,  supra)  ;  that  ho  had  no  idoas  on  the  subject  until  after 
lie  had  hoard  of  Mr.  Bell’s  success  at  tho  Coutonnial ;  and  in  his  ap¬ 
plication,  filed  when  Boll’s  pntont  was  oightoeu  months  old,  ho  made 
m.  claim  whatever  to  llio  matter  of  Intorforonoo  A.  Moroovor,  ho, 
in  privato  letters  and  in  printed  publications  in  1877,  declared  that 
Mr.  Boll  was  tho  first  inventor  of  tho  speaking  telophono  (p.  103, 
supra) .  ' 

Yokmeu’s  Case.  —  Thoro  nro  two  answers  to  Voolkor’s  enso : 
ono  is,  that  in  his  dates  ho  is  subsequent  to  Boll  j  and  another  is, 
llmt  although  his  application  contains  duscriptivo  mattor  suflieiont  to 
;ivo  rise  to  this  issue,  yet  his  invontion,  if  it  can  bo  called  invonlion, 
ivas  not  what  wi.»  dij.oh.oed  m  Ins  spooifioation.  but  was  soinothing 
if  an  entirely  dillbrent  character.  As  to  his  dates,  tho  testimony  is 
bat  his  first  attention  to  tho  subject  was  "during  tho  mouth  of  Janu- 
iry,  1870,”  but  in  what  part  of  that  month  is  not  stated,  mid  that  tho 
irst  instrument,  whether  operative  or  not,  was  constructed  in  tho 
arly  part  of  March,  1870  (pp.  117-121  and  129,  supra).  Upon 
oforring  to  Mr.  Boll’s  dates  it  will  ho  soon  that  his  application  was 
ignod  and  sworn  to  Jan.  20,  which  of  itsolf  enuios  Mr.  Boll’s  first 
onccption  hack  of  Voulkor’s,  wliilo  tho  proof  shows  that  Mr.  Boll’s 
ateiit  was  not  only  applied  for,  but  actually  granted,  before  Voolkor 
ommonood  tho  construction  of  any  instrument  whatever. 

Character  of  Vodka's  Instruments.  —  They  woro  not  speaking 
elcphoncs.  They  did  not  produco  in  tho  circuit  elcetrio  waves  or 
Mirations,  which  in  their  amplitudes,  as  well  as  thoir  intervals  of 
icco.-sion,  corresponded  to  tho  sonorous  waves  of  articulate  speech 
i  defined  in  tho  issue.  His  instruments  wore  circuit  breakers  or 
eis  transmitters.  They  woro  not  spoaking  telephonos,  and  ho  had 
>1  made  tho  invention  sot  forth  in  Interference  A,  because  ho  never 
mceivod  of  tho  necessity  or  of  tho  possibility  of  giving  to  tho  oloctrio 
irrent  tho  character  sot  forth  in  tho  issue,  first  disclosod  by  Mr. 

nisti uincjiii,  given  tlnil  form  to  the*  current  in  tlio  circuit.  This  is 
slum  n  l>)  tlio  explicit  stiitcmont  in  liis  deposition  (quoted  p.  129, 
sujmi)  Unit  ins  conception  was  to  break  tlio  circuit  at  ouch  vibration 
"[  11,0  m  a  Morse  key  l.rcuks  it,  and  that  this  was  the 

idea  embodied  in  his  instruments  when  ho  constructed  them  i  tlioro 
is  no  statement  by  him  to  others  at  tlio  time  nor  in  Ids  deposition 
1  ud  1.0  over  changed  that  conception,  or  sought  to  embody  any 
other:  tlio  express  proof  is  that  what  lie  had  done  was  to  reinvent 
the  lieis  transmitter:  all  ids  results  are  consistent  with  the  use  of 
that  kind  of  apparatus  and  inconsistent  with  any  otlior  (pp.  1211-137 
Finally,  whatever  bis  conception  may  have  been,  or 
ovor  ins  date  of  conception  might  Imvo  been,  ho  nowhere  showed  the 
diligence  which  the  law  required.  From  the  beginning  of  187.1,  when 
Ho  says  his  conception  originated,  down  to  the  fall  of  1877,  lie  made 
'  ‘  °  1  from  December,  1877,  to  thu  latter  part  of 

87 J,  when  lie  applied  for  Ids  patent,  hu  did  nothing  at  all  on 
so  ijcc  (p.  137,  .vijmi).  His  instruments  slumbered  in  a  trank 
(wore  brought  out  only  to  support  Mr.  Irwin’s  schemes  in  1879 
n  vT'Cl  ’mJ,n,b  Moreover,  when  he  applied  for  his 
intent  lie  did  not  pretend  to  lie  tlio  inventor  of  tlio  art,  hut  only  of 
,"l,I'o'’0l»“"l8  in  tlio  apimralus,  and  tlio  nmendments  which 
m  m  o  tins  interfere  a  oo  wore  made  Doeombor,  1879. 
is  true  he  testifies  that  ho  ".undo  lids  invention ’’  at  a  date 
if  h.w’  "i  f  ?  ’!  ."0t  colnl>°to"t  ovidoucc ;  it  is  a  mixod  conclusion 

sioii;  "•  "r  "  l'C*1  l*'°  llil,mm'  18  lo  dolormino,  and  the  witness’s 
ssoition  is  of  no  value  on  it. 

Stevens  v.  Putnam,  18  O.  G.  520  (  p.  2-12,  supra). 

Slade  a.  Blair,  17  O.  G.  2(11  (p.  243,  xn/ira). 

ZxjH'rtc  Gasser,  17  O.  G.  507  (p.  24G,  ,ujL). 

ndte'en1-0  1,10,1  lirst  ,lPPlication,  Mr.  Poll’s  speaking  telephones 
ill;-,,,  ,m  ',S°  <‘n  111010  than  two  years,  and  that,  of  itself,  is  a 

m,  . . '■  “  . . . . <* 

t  tiieruforo  bo  decided  in  favor  of  M 


This  interference  is  as  follows :  — 

ttal'v10  llol’oi"l,0lol'0-(l°soribod  improvomont  in  tlio  t  of  tr  is  i  t 

,t..  vocal  Suiimls,  or  spoken  words,  telegraphically  which  ci-s'-t 
/"  tlu'ou;i"f  ."1)011  the  line,  through  the  medium  of  a 
/  noin  onornt  "iT1??  8  cori-osponding  to  the  vibrations  of  a  dia 
'  Vvonf.”  1  11  tho  'novoinouts  of  the  air  produced  by  a  spokoi 

dho  pnrtios  to  this  intcrforonco  aro: _ 

Ball,  patent  174, 4G5,  March  7,  187G. 

Edison,  application  130,  April  27,  1877. 

Gray,  application  No.  1,  October  29,  1877. 

Voolkor,  application,  May  19,  1879. 

Intorforonco  A,  already  considered,  oevors  tlio  uso  of  nny  form  o 
electrical  apparatus  in  which  tho  transmitter  takes  up  from  tlio 
sound  wavos  which  constitute  spokon  words,  their  peculiar  character 
of  motion,  and  employs  that  motion  in  tho  transmitter,  by  nny  kind 
of  electrical  contrivance,  to  produce  electric, d  variations  correspond¬ 
ing  in  form  to  tho  motion,  and,  finally,  at  tlio  receiving  station, 
reconverts  those  electrical  variations  into  corresponding  motions  of 
some  material  suhstauoo  which  correspondingly  moves  tlio  at>-  •■"d 
thereby  produces,  at  tho  receiving  station,  a  sound  which,  not  merely 
in  pitch,  but  in  lutioulato  quality,  is  recognizably  tlio  samo  as  that 
wliiuli  operates  tlio  instrument  at  tlio  transmitting  station :  s<>  that 
tlio  oral  speech  uttered  into  ono  instrument  is  hoard  to  procood  from 
tho  other. 

Wo  liavo  already  oxplninod  (p.  53,  supra)  tlint  there  aro  two  ways 
in  which  tlio  motion  can  bo  omployod  to  vary  tlio  strength  of  a  cur¬ 
rent:  ono  is,  by  changing  tho  olcctro-motivo  force  or  onorgy  brought 
into  a  cucuit  whoso  resistance  romnins  unchanged;  tlio  other  is,  by 
varying  tlio  electrical  resistance  of  tlio  circuit  which  is  suppliod  at 
all  timos  witli  n  constant  amount  of  electrical  onorgy. 

Intorforonco  A  covers  tho  uso  of  an  apparatus  wliioli  employs  one  of 
those  modes  to  convert  tho  motion  in  tlio  transmitter  into  olectrionl 
variations,  and  equally  includes  an  apparatus  which  omulovs  tho  otlmr 

1111,0  differences  between  Hie  two  typos  of  apparatus,  ami  it  may  well 
liappon  that  after  ono  person  has  invented  niul  patontoil  cmo,  another 
may  produce  aiiolher  inslrmnent  for  practising  the  sumo  method  or  art, 
which,  while  it  comes  under  tho  earlier  patont,  would  yet  lie  iu  tho 
""turo  11  putcntablo  alteration  or  improvement.  It  is  true  that  a 
latunt  for  the  first  issuo,  that  is,  tho  art  or  method  broadly  stated, 
oust  descriho  and  must  include  ono  of  those  typos  of  instrument,  bo- 
ause>  nnloss  it  doos,  it  does  not  show  any  way  of  practising  it.  Yet 
ho  patont  would  bo  sustained  as  a  broad  patont  if  it  sltowod  only  ono 
vay,  while  tho  second  purson,  who  aflorwards  invented  another  traits- 
mtlmg  iustrumont,  which,  iu  tho  apparatus  as  a  wliolo,  would  talto 
lie  place  of  tho  first  transmitting  instrument,  might  have  a  subordi- 
ato  patent  as  for  a  subcombination  in  tho  naturo  of  an  improvement 
n  the  first.  It  would  not  be  a  patont  for  an  instrument  or  enliro  ttp- 
ii rn l us  which  would  displaeu  that  of  tho  first  patenteo.  It  would  bo 
patent  for  ono  compound  element,  which  could  displace  ono  com¬ 
ound  element  of  the  previous  apparatus  without  altering  either  tho 
laracter,  tho  modo  of  operation  of  tho  apparatus  as  a  whole  or  its 

Now,  it  is  with  this  kind  of  improvement  that  Interference  11 
nils.  It  turns  upon  tho  invention  of  that  typo  of  tranmittor  which 
"'os  1,10  resistance.  Mr.  Hell’s  patont  describes  such  an  inslru- 
ont.  It  doos  not  merely  include  the  use  of  el  pparatu 
Uler  a  broad  claim  for  tho  method,  but  it  describes  that  type  of 

miller  moved  by,  and  therefore  in  accordance  with,  the  air  wave 
themselves.  Hero,  then,  was  a  conooption  of  this  branch  of  tho  ait 
It  only  roinainod  to  him  to  find  soino  practical  form  in  which  li 
omlmdy  it. 

This  conception  ocoupiod  his  mind  durimr  the  summer,  and  the 
extracts  from  early  drafts  of  his  specification,  prepared  about  Octo¬ 
ber  and  November,  1875,  mill  given  iu  tho  Dowd  liccoril,  vol.  i, 
p.  '187,  refer  to  it. 

It  is  enough,  howovor,  for  our  prosont  purposes,  to  go  to  tho  de¬ 
scription  in  the  specification  itself.  That  specification,  including  tho 
language  tlinro  found  which  relates  to  tho  liquid  transmitter,  was 
written  and  actually  taken  to  Washington  by  Mr.  Hubbard  on  tho 
Oth  or  January,  1875  (Dowd  case,  vol.  i.  p.  414;  p.  71,  siqmi). 
Without  further  proof,  this  sufficiently  shows  tho  same  clear  and 
definite  conception  of  tho  thing  which  is  found  iu  tho  patent,  and  it 
shows  that  ho  considered  it  to  ho  an  invention  of  importance  which  ho 
intended  to  patont  as  part  of  his  motliod  anil  apparatus;  and,  as  wo 
have  often  staled,  the  actual  pupor  filed  as  his  specification  was  sworn 
to  on  tho  20th  of  January.  Now,  nono  of  tho  contestants  cun  go 
back  of  tho  Dili  or  oven  of  tho  20th  of  January,  187G. 

It  will  bo  obsorvod  Hint  this  inlorforonoo  issuo  does  not  relate  to 

any  kind  of  dovico  for  varying  tho  resistance  of  a  circuit  for  any 
purpose ;  it  is  expressly  limited  to  the  easo  of  a  speaking  telephone 
transmitter.  It  is  an  improvement  in  tho  art  of  transmitting  vocal 
sounds  or  spoken  words,  and  tho  oloctrio  variations  which  it  creates 

no  docs  not  pretend  to  Imvo  nitido  the  kind  of  apparatus  shown  in 
this  iip|)li(  alien  until  tlie  beginning  of  1877.  lie  liases  his  claims 
under  tills  issue  upon  an  entirely  dill'urent  apparatus ;  namely,  what 
is  known  as  a  liquid  transmitter,  and  described  in  liisappiieatiou  HI, 
Sept.  5,  1877.  Can  ho  support  the  issue  lo  which  his  application 
130  is  parly,  hy  proving  an  entirely  different  kind  of  apparatus,  first 

shown  in  mi  application  liled  six  . .  afterwards?  Certainly  ids 

Ollice  dalo  of  tiiu  thing  ho  relies  on  is  tlio  date  of  the  application 
which  describes  it,  and  tlio  failure  to  describe  in  his  earlier  applica¬ 
tion  the  form  now  relied  on  strongly  toads  to  show  tiiat,  as  he  made 
it,  it  was  inoperative  and  worthless. 

o  do  not,  however,  desire  to  tako  advantage  of  this  for  tlio  pur¬ 
pose  of  dissolving  or  modifying  interferences  which  tlio  parties  have 
perfectly  undoistood  and  properly  contested.  lie  intends  lo  rest 
upon  some  form  of  liquid  transmitter.  Wo  have  already  sulliciently 
gone  over  his  story  in  this  respect,  and  it  is,  that  on  the  hack  of  tlio 
translation  of  tlio  Kois  article  lie  made,  in  August,  1875,  some  rude 
memoranda ;  that  ho  did  not  attempt  even  to  make  any  instrument 
during  1875,  nor  until  July,  187(i,  after  ho  had  heard  of  Hell’s  suc¬ 
cess  at  tlie  Centpiinial.  Tlio  most  that  he  claimed,  in  any’  part  of 
his  deposition,  was,  that  ho  did  try  to  make  an  instrument  in  Novem¬ 
ber,  1875,  hut  that  it  was  absolutely  worthless,  gavo  no  results 
whatever,  and  ho  throw  it  away ;  tlio  clear  proof,  liowovor,  is  thaj 
ho  did  not  make  it  until  the  fall  of  1870  (w.  pp.  1!)!),  271,  supra). 

It  is  certain,  therefore,  that  ho  cannot  contend  with  Mr.  Hell: 
first,  heeauso  ho  never  mndo  an  instrument  which  operated  oven 

conception  than  his  sketch,  Feb.  11,  1870,  and,  ns  in  view  of  the 
evidonco  for  Hell,  ho  doos  not  undertake  lo  assign  any  cnrlior  dato, 
it  must  ho  taken  as  admitted  that  his  dato  of  euacoptiou  was  aftor 
Jan.  9,  when  Mr.  Hell  wruto  his  specification,  and  aftor  Jan.  20, 
when  hu  swore  to  it.  Moroovor,  oven  if  Air.  Gray  had  had  a  con¬ 
ception  bolero  Mr.  Hell,  it  is  certain  that  ho  1ms  no  reduction  to 
practice  to  start  from,  mill  no  chain  of  reasonable  diligonco  to 
connect  his  more  recent  work  with  any  earlier  conception;  he 
never  attempted  lo  make  an  instrument  until  July,  1870,  aftor  ho 
laid  seen  and  road  Mr.  Hell’s  patont,  and  as  part  of  an  ofibrt  to  which 
Air.  Hell’s  public  succoss  incited  him.  He  did  not  then  obtain  any 
results  from  it,  so  that  nothing  ho  did  at  that  tune  was  a  reduction 
to  practice ;  and  (hero  is  not,  in  his  whole  evidence,  any  proof  whnt- 
ovor  that  ho  over  constructed  an  instrument  of  this  class,  by  which 
ho  did  in  fact  transmit  a  single  articulate  word,  until  tlio  time  when, 
in  the  fail  of  1877,  hu  constructed  tlio  models  for  his  pending  appli¬ 
cation  (t).  pp.  172,  175,  siipra.) 

There  are  two  pieces  of  evidence  in  his  record  hearing  upon  this 
which,  however,  doservo  some  comment.  Air.  Goodridgo  testified 
(vol.  iii.  p.  800):  — 

"  Int.  49.  State  when,  to  your  knowledge,  Gray  first  practised 
transmitting  vocal  sounds,  or  spoken  words,  tolegraphioally,  by 
throwing  upon  tlio  lino,  through  the  medium  of  a  varying  resistance, 
electric  impulses,  corresponding  to  the  vibrations  of  tlio  diaphragm 
operated  by  the  movements  of  the  air  produeod  by  a  spokon  word,  as 
defined  in  Interference  H. 

".•In.i.  In  Juno  or  Julv.  187C.  with  tlio  apparatus  spoken  of  in 



Ilmitly  Shown  by  those  nnswors,  Hint  not  a  single  word  was  traits- 
m.Ued  by  the  apparatus,  ami  tries  to  esenpo  it  hy  showing  that  lie 
lias  no  Knowledge  of  what  tho  results  were. 

After  this  exhibition  of  Mr.  Goodridge’s  knowledge  Unit  tho  thin" 
was  an  absolute  failure,  Mr.  Gray  was  examined  about  this  very  up! 
paratus  and  its  uso  (p.  301).  VI  toad  of  sorting  what  Air. 
Goodndgo  pretended  to  assert  in  his  forty-ninth  niiswor,  Mr.  Gray, 
m  suManeo,  says  that  tho  oxperiiiiont  was  a  total  failure.  lie  dne«, 
indeed,  assign  in.  a  reason  for  it  that  he  hud  no  reeeiver,  hut  he  does 
■Kit  explain  why  it  was  that  he  did  not  take  tho  trouble  to  make  one, 
y  hehWW  Uw>  WOT  it  was  that  he  has  never  sinee  tried  tliai 
tiiiiisiniltei  with  a  diflorent  receiver.  Tho  Ofiieo  must  perceive  at 

thev  !  1!  ,i?  f";V°  !'U  111111  Ml,•  Gmy,l,ul  Mr-  Goodridgo  made  wliat 
i me  n01r  ,  ‘  “,stn",,0,lt8  llloy  k»™  to  make  at  that 

time,  totally  tailed  to  cco  nj  1  si  „y  lc  It  lt|  tl  eni,  and  did  not 

oven  have  suilieient  helief  in  the  . . .  of  producing  a  result 

>i  urn  o  "ai Mill  them  m  repeating  tho  experimont  with  tho 
°,  ”.1  01  0tl101,  "ml ru incuts  for  tho  purpose,  until  they 

'"ad0  Ul“  ,i,,kU'Is  itir  those  applications  in  November,  1877,  as 
refer rod°to!*10  SCl,0,n°  °f  “10  'V°Sl°rn  Unio”  Co">l»"0,  already 
VoEUCEB’s  Case.  Voelkor’s  application  states  that  form  of  varia- 

b  e  esis  imee  transmitter  now  kno . is  a  microphone,  hut  the  facts 

Ins  history,  already  recited  in  the  general  consideration  of  ids 
case,  and  also  under  Interference  A,  are,  lirst,  that  lie  did  not  cou- 
ccivoof  any  ideas  whatever  relating  to  the  employment  of  electricity 
fo  the  .reduction  of  sound  until  at  least  as  late  as  the  completion  of 

to  node  S  fl’-  “'tl<,ni  t'"*t  1,0  ,l0us  that  he  attempted 

,  "al  "ls(r,,mc,'t  until  long  after  Mr.  Bell's  application  was 

and  V,  0.0,"Plel°  0110  "»tii  after  Bell's  patent  was  granted, 

iiistrol  T'  r  Jre,,w  a.rtor  lls  msuo  still  failed  to  produce  an 
lien  which  was  practically  operative  to  transmit  a  single  sen- 

throw!,  ‘  l",all;,,",C,|!t!i  118  1,0  llil1  won.  broken  up  or 

aside,  neglected  until  it  suited  tho  ambitious  purnoso  of  its 

owner  Irwin,  to  bring  them  forward  in  1879,  more  . . .  throo.ycnrs 

Ofter  the  grant  of  Air.  Bell’s  patent. 

invent  ’  11  13  '!ls°  C0ltal11  tllat  VocIUor  never  conceived  or 
invented  or  constructed  a  speaking  telephone;  especially,  that  ho 

IS  WHICH  corresjjonded  (in  tlio  senso  stated  by  this 
nd  necessary  for  tho  transmission  of  spoken  words)  to  the 
ons  produced  in  tho  air,  or  in  tho  diaphragm,  by  tho  spoken 
lieniselvos.  (See  for  Vooikor,  pp.  110-140  and  278,  supra.) 

Priority  on  this  issuo  must,  thoroforo,  bo  doscribod  in  favor  o 
loll,  tlio  patontoo. 


This  intorforouco  is  as  follows :  — 

Mst.  The  transmitter,  consisting  of  the  combination  in  an 
10  circuit  or  a  diaphragm,  and  a  liquid  or  equivalent  snbstau 
gh  resistance  whereby  tlio  vibrations  of  tho  diaphragm  oauso 
ions  in  tlio  resistance  of  tho  electric  cirouit,  and  consequent 
o  strength  of  current  travorsingsaid  circuit."  (Gray’s  first  ohi 
2d.  In  a  telegraph  mstrumunt  opuratod  by  sound,  the  co 
itiou  with  tlio  diaphragm  of  two  or  more  oloctrodos  placed  in 
olytie  liquid,  and  operating  to  incroaso  mid  dccreaso  tho  rosisl 
the  o  ectnc circuit  by  the  movoment  derived  from  tho  dinphrn 
t<d Ison’s  hist  claim. 1  1  1 

Tlio  parties  to  this  intorferenco  are 
Pell,  patent  174,4(15,  Afareli  7,  187G. 

Edison,  application  144,  Sept.  5,  1877. 

Gray,  application  No.  2,  Oct.  29,  1881. 

Kichmond,  application,  Aug.  24,  1877. 

This  is  a  still  further  subdivision  of  Interference  B.  Then 
vend  ways  now  known  in  tlio  arts  by  which  tho  motion  of  a 
ragm  can  bo  utilized  to  vary  tho  resistance  of  tho  circuit;  on 
iso  is  by  variation  of  contact  pressure.  This  typo  is  comm 
iploycd  in  tho  instrument  known  as  tho  articulating  micropln 
which  tho  Blake  transmitter  is  the  best  known  oxntnplo. 
ivomonts  of  tlio  diaphragm  can  also  bo  omployed  to  vary  tho 
t  by  moans  of  .a  cup  of  liquid.  If,  for  example,  tho  wire  ft 
tho  circuit  bo  cut,  and  tho  two  ends  he  brought  tolerably  c 
inch  otlior,  and  enclosed  in  a  cup  fillod  with  liquid,  tho  ourrom 
reasonable  strength,  will  pass  through  tho  liquid  from  one  pi 
ho  other,  but  as  tho  liquid  odors  a  much  higher  electrical  res 
o  than  the  wire,  tho  current  will  bo  considerably  enfoobl 

tout,  to  the  length  of  liquid  thus  included  m  tlio  circuit.  If,  now, 
ono  of  tlioso  points  of  wire  lie  fixed  und  tlio  other  l)o  uttiioliod  to  u 
diiiplmigm  vibratod  by  sound  waves,  tlio  ono  attached  to  tlio  dia¬ 
phragm  will  movo  towards  and  away  from  tlio  other  ns  tlio  dia¬ 
phragm  vibratos,  and  tho  rosistnneo  duo  to  tlio  length  of  the  liquid 
""■hided  in  tho  circuit  will  thus  vary  in  acoordiinoo  with  tho  motions 
of  tho  diaphragm.  It  is  this  typo  of  instrument  for  varying  tho  re¬ 
sistance  of  tho  circuit  which  is  tlio  subject  matter  of  Interference  C. 

lioll  shows  this  in  his  specification,  and  fils  ditto  is  carried  bade  to 
early  i"  Jnntmry,  1870,  by  tlio  testimony  of  himself  mid  Mr.  Hub- 
Urd,  that  this  specification  was  thou  completed.  No  contestant 
made  such  an  instrument  before  tho  grant  of  Iioll’s  patent. 

Richmond  took  no  proof,  and  docs  not  contest  tho  case. 

Edison  relies  upon  tho  allegod  liquid  transmitter  nlroady  referred 
to,  mid  tho  remarks  nuidi)  about  it  under  tho  previous  issues  disnoso 
of  this.  1  . 

Grmj,  also,  rests  upon  tho  same  liquid  transmitter  shown  in  his 
caveat  and  already  referred  to  under  Interference  II.  Tho  facts 
which  carry  that  issuo  in  favor  of  Mr.  Bull  carry  this  also. 

The  i-sncs,  as  slated,  seem  to  us  to  bo  rather  vaguo  and  indefinite, 
hut  the  official  letter  says  that  they  are  copiod  from  tho  first  claim 
of  Gray  and  the  first  claim  of  Edison,  and,  i  o  i  t  g  tl  on  tho 
light  of  tho  specifications,  from  which  they  aro  taken,  they  mean  a 
liquid  transmitter,  as  it  is  called,  Tor  articulate  spoccli,  in  which  ono 
wiro  or  electrode  mid  circuit  is  attached  to  a  diaphragm  operated  by 
8  ""id  ",|lV0s  produced  l»y  tho  spoken  word,  and  thoroby  moved 
toward  and  away  from  another  electrode  fixed  in  a  cup  of  water,  in 
which  bolli  are  immersed. 

The  Commissioner  (15  O.  G.  779)  defined  it  as  follows:  — 


means  ot  sound  vibrations  caused  by  articulato  speech.” 

This  is  shown  in  Mr.  Moll’s  patent.  No  contestant  had  before  that 

’’ The  fluid-holding  vertically  adjustable  tube,  within  which  tho 
ends  of  tho  platinum  points  aro  iiumorsod,  ns  sot  forth.” 

Tho  parties  aro :  — 

Edison,  application  144,  Sept.  5,  1877. 

Gray,  application  No.  2,  Oct.  29,  1877. 

If  this  issuo  has  any  moaning  at  all.  it  is  In  ofibet  a  claim  for  ad¬ 
justing  the  tubo  which  holds  tho  liquid,  so  that  tho  onds  of  tho  plat- 
mum  points  or  clootrodos  immersed  in  liquid  can  ho  adjusted  to  that 
distauco  from  ouch  other  which  is  most  suitable.  This  is  shown  in 
Edison’s  application,  b  fs  tho  adjusting  sorow.  It  is  not  shown  in 
Mr.  Gray’s  application.  Mr.  Gray  obtains  tho  adjustment  by  mov¬ 
ing  the  lower  platinum  point  in  tho  tubo,  instead  of  moving  tho  tubo 
itself  j  ho  does  this  by  means  of  the  adjusting  screw  tl.  Neither  of 
these  goutlomon,  however,  mako  any  claim  to  this  foaturo,  porhnps 
because  ,t  appeared  to  both  of  thorn  that  it. was  qmto  within  the 
range  of  tho  skill  of  an  ordinary  mnkor  of  oloctrical  apparatus  to 
provide  an  adjustment  for  two  points,  tho  distauco  apart  of  which 
might  bo  of  importance  m  tho  operation  of  tho  instrument.  Wo 
may  remark,  howovor,  that  Mr.  Moll  miulo  tho  samo  dovico,  used  it, 
and  publicly  exhibited  it  boforo  either  of  tlioso  contestants  had  it. 

The  parties  lire : _ 

Hell,  patent  174,405,  March  7,  1870. 

Gray,  application  No.  3,  Oct.  2!),  1877. 

Dolbour,  application  Oct.  31,  1877. 

Ndison,  application  No.  145,  Dcccinl.or,  1877. 

'this  obviously  and  by  the  Commissioner  lias  boon  dccid 
,  t"1  1,10  "mS,lut0  *ocoiyor  of  a  speaking  tolophono  combi, 

tlie  oilier  elements  named.  The  elements  referred  to  are,  ", 
tore  plate,”  an  electro-magnet,  a  closed  circuit  and  a  "s, 
umluintory  electric  energy,”  and  the  issue  is  not  met  ex 
nc'ntf  f  '  C,,,le°I,tl0"  ,l"d  11,1  “PParatns  which  includes  tl 

Tho  word  "  iindnlatory "  catno  into  llio  art  from  Mr.  lloll 
ication,  and  this,  taken  in  connection  witli  tlie  pi, rase  "  do 
l"'t’  1’0,,,ts  tH  "  spoaking-tclcphone  apparatus  acted  upon  l> 
vnvos  thomsolvos.  Mr.  Edison's  application  stales  expres- 
he  described  apparatus  to  which  this  ulaim  relates  "  repro, 
lie  resonant  tube  ft  the  o  ul,  that  produced  tl  e  con  ev  „„ 

"uimi  niHioipiuou  uy  llio  harmonic  tolograpli  of  Val  ley’s 
English  patent  of  1870  (Dowd  caso,  voi.  ii.  p.  550). 

One  element  in  tho  combination  described  is  a  "closed  circuit 
passing  from  tlie  helix  of  such  magnot  to  tho  source  of  undulutory 
oloctrio  energy.”  That  is,  tho  circuit  which  includos  tho  rouoivor 
and  tho  circuit  which  includes  the  "source  of  uudulntory  oloetrio 
energy  ”  aro  to  bo  continually  olosod  and  not  brokon  by  tho  oper¬ 
ation  of  tlie  apparatus  of  which  the  receiver  and  tiio  circuit  form 
parts.  This  cannot  bo  fulfilled  by  placing  tho  rocoivor  in  a  closod 
secondary  circuit  of  an  induction  coil  in  tho  primary  of  which  a  cir- 
cuit-hrenkiug  transmitter  and  battery  aro  placed,  for  it  is  tlie  battery 
which  furnishes  llio  energy  and  tiio  transmitter  which  causes  varia¬ 
tions,  undulations  or  interruptions  to  oxist  in  tho  current.  Such  a 
contrivance,  moreover,  would  produce  electric  interruptions  or  iutor- 
mittencos,  hut  not  electric  undulations,  and  would  not  bring  into  the 
combination  a  "source  of  undulutory  electric  onurgy.” 

This  however  is  not  an  open  question,  for  tlie  Commissioner  con¬ 
strued  the  issue  in  lids  senso  boforo  testimony  was  taken. 

In  Gray  v.  Boll,  15  O.  G.,  773,  ho  said  :  — 

"This  dovice,  whothor  styled  a  combination  or  somatlilng  oiso, 
unbraces  two  parts :  1,  tho  armaluro  plate  with  its  olcetio-mamiet, 
uni  2,  the  cloned  circuit  pausing  from  the  helix  of  the  electro-magnet 
o  the  device  fo  j  lacing  the  variat  of  the  electric  current 

smii-co  of  undiilalory  oleclrie  energy  ns  an  iaslnnnont  which  "pro- 
duces  a  rise  and  fall  of  tension  in  the  main  lino  circuit”  in  which  it 

n  tSr'n t0  th°  l'0C,0iVinS  nr,nnt"1'0  "  vil,mti0l,f  L  »  0  l>  '  S 
str  m  t’  "‘,08S;UU  0X10,1110  111030 111  «•»««"•  l  -0  t  .1  ,U  ng 
ol  el  ,  3  101  01  °  «  m  “10  1'oso,1,l"t  ‘"bo  «  the  sounds  that 

produced  the  corresponding  vil, rations  and  electric  pulsations  or 
wares  cl  the  transmitter ."  The  transmitter,. thou,  is  one  which  is  to 
be  operated  by  sound  waves;  and  the  current  is  to  have  those 

c;;:£:r ***  »■« » 

n. tanged,  one  as  magneto  transmitter  and  one  as  mam.cto  receiver 

sonnd°or  nt^  n"  “'“f  d°olllI'os  witI>  this  ”  vocal 

sound  m  ailieuliito  words  spoken  at  one  instrument  will  ho  ncourntelv 

rt,,toi'’,,bothn9  tn  i,itoh  “S 
for  *"*  -  “ 

:Er— ‘ 

duotiou't  ^thf'uIlJ',rop^od,ucot^,S|lt,,tho,,ollllor!,,l  a'to- 

energy  and  cannot  l,„  t,  ,  8011100  of  '^uhtory  eleelrio 

sumo  oiio  -ho-  but  son  f  °  Sl'1  l"‘V°  1,0011  1,10  "lvontlo»  of 

207-270,  supra.)  Knowing  now  wlmt  wi  „c T-'0"'  -(  PP’ 
to  ascertain  the  date  of  the  conception,  which  JFiSS'fc 


,  1V°  lla''°  nIl'0,uV  sulHoionlly  shown  that  Mr.  Boil  is  the  first 

-a  **  t„e  It 

on  e  ,1  ,  o  ?  1,18  IT4-"«.  involved  in  this  interior- 

doscrihod  to" Dr"  ni  *i°  Ta!51uS-toIoPh('“°  apparatus  invented  and 
desc bed  to  Dr.  Blake  m  October,  1874.  That  apparatns,  as  then 
ho  e  ,  »s  altorwards  constructed  and  patented,  included  all 
the  olomonls  referred  to  in  this  issuo. 

re,b ^rar'3,  31,10  f°r  0,,,,00|,tio11  'vas  “ftor  August,  1870,  and  for 
sapi-n)011  t0  1>l“0ll<i0  W“8  I'ol,n"“'-y  °1'  March,  1877  (pp.  161,  107, 

Gray's  date  for  conception  was  Fob.  11,  1870,  the  date  of  his 
011  l  n,W;,lgi  h,s  reduction  to  practice  was  the  fall  of  1877,  in  his 
models  lor  tho  application  (p.  27S,  supra). 

Beff  r’",  d,,l0r,81,!!’t.°,'Jl,'y  11  187U-  aaJ  after  ho  had  heard  of 
dU  ,1 t 0X1  0,1  (pp-  199>  21i<  *'*'“)  11  >  Hither 

difiiuilt  to  understand  why  tho  learned  examiner  picked  out  Edison's 

showed' ''it!  145’  0'“ittUl1  ‘liS  °“r,,0r  ,,ppll“'l,0“  which 
The  instruments  relied  on  by  those  contestants  as  their  oarli- 
fi/i-«)C°IV0IS  IU0  "l010  A‘l,y  oollsilIol'°l1  under  G-  (q.  v.  p.  292, 
Tho  decision  of  priority  should  bo  in  favor  of  Mr.  Bell. 

Tho  two  issuos  of  this  intorforonco  aro  as  follows :  — 

"Fust.  A  tolophonio  transmitter  consisting  of  a  coil  of  wire 
to  each  other ‘thft  «  !,!!  !!  ‘’I-8?,  '"'  diaphragm,  so  arranged  relatively 
of  wii-nni!  «*!  ,  "lotion  ol  tho  diaphragm  shall  induoo  in  the  coil 
not'm- magnotsy’0"1110  ,V°  7orco  1,1  ««■  Presence  of  the  mag' 

wii-^-d.  Tho  combination  in  ono  circuit  of  two  ormoro  coils  of 

°r  I”01',0 . S'icts,  and  two  or  inoro  disks  or  diaphragms  so  • 

a  ian0cd  lolativoly  to  each  oilier  that,  if  ono  of  the  disks  <o- 
1  is  S  I  I  i1’"V11 111011011  l)y  tho  ',oiu0'  'V  u  current  of  air  or  other¬ 
wise,  it  shall  induoo  a  transient  current  of  oloolricity  in  its  assoeialnd 
, 31111,1  aotlla‘°  the  other  disks  V dn ,  In  ,gm  , 
virtue  ot  the  coil  and  magnets  associated  with  them.”  1 



The  parties  arc : _ 

Boll,  patent  No.  174,405,  March  7,  1870. 

Do]  bear,  npplication  Oct.  31,  1877. 

Gray,  application  No.  1,  Oot.  29,  1881. 

The  first  issue  is  obviously  „„  tlio  magneto  transmitter  alone,  ami 
.  would  be  answered  by  a  speaking  telephone  magneto  transmitter 

i, "  V  ,  M  lli"1)lln,S"b  '>o  matter  what  form  of  receiver 
might  ho  used  in  the  apparatus. 

The  second  issue  (formerly  II)  is  the  whole  spouking-tolophono 
apparatus  exactly  as  shown  in  Fig.  7  of  Mr.  Bell's  patent,  consisting 
of  a  magneto  transmitter  and  a  magneto  rcooivor 
These  issues,  therefore,  contain,  as  the  sole  element  in  one,  and  ns 
one  of  the  elements  of  the  combination  of  the  other,  a  magneto 
f  1  1,11101  I  ,0*ni'°  11  ‘<=1  to  stu  e  t  Inch  the  total  but  cldc  diapl  gm  of  any  to  1 

tore  of  Mr  Bn0’  “  U,mlmm°  and  attached  arma¬ 

ture  of  Mr.  Bell's  patent  involved  in  this  interference. 

Me  have  already  shown  (pp.  176-183,  supra)  that  Mr.  Gray 

Z;lyr"M  tl10  illV0llti0n  0f  th0  ""W'-oto  transmitter,  al¬ 
though,  with  questionable  propriety,  ho  saw  fit  lo  describe  it  in  his 

2  toWo i, Mr,tI>10lbL,,,r aIao  (PP-  IC1-1G3-1C5,  supra)  does  not 
claim  to  have  invented  a  magneto  transmitter,  but  only  to  have  intro 

"r T°nt9  ^  h°  invention. 

Mi.  Edison  also  expressly  disclaims  it  (p.  100). 

Both  these  issues,  therefore,  must  be  decided  in  favor  of  Mr.  Boll. 


This  issue  is  ns  follows :  — 

^Mt^!,Snerm!rS!S0r,llC  «»  '•»  eleotrio 

nrod tl'1'  lllol^to’|''vllel'0by  sounds  ’thro \v n'  irp o il'  1 c'Viiio'^m'il ' 'l ro° 

pioduced  accurately  as  to  pitehaud  quality."1  [SubsS^C^ 

"This  is  substantially  described  or  shown  in  the  applications  of  Dol- 
beui,  Edison  and  McDonough  and  in  patent  of  Boll.” 

Edison,  application  148,  Dec.  24,  1877. 

In  considering  McDonough's  caso  wo  liavo  already  shown  (p.  236, 
supra)  that  this  issuo  calls  for  an  instrument  eapablo  of  serving  as  n 
speaking  telephone  receiver,  and  that,  considering  that  articulatin': 
currents  mo  both  oxeossivoiy  moro  feeble  in  Lho  variations  and  ox- 
cossively  moro  rapid  in  tlio  changes  which  tlio  instrument  is  to  lie 
operated  by  and  convert  into  audible  sound  than  uro  the  currents  due 
to  circuit-breaking  transmitters,  tlioro  can  bo  no  conception  of  this 
issue  unless  it  bu  a  conception  of  an  instrument  to  respond  to  llicso 
currents  with  a  full  conception  ot  tlio  dolicate  and  intricate  oharactor 
of  their  changes,  and  no  such  reduction  to  practice  as  will  defeat  or 
control  a  true  speaking  tolophono  patent  unless  tlio  devieo  was  con¬ 
structed  as  part  of  such  an  apparatus  and  tried  with  sueh  currents, 
(See  pp.  236,  267,  supra  ) 

This  issuo  dous  not  turn  upon  tlio  employ  mont  of  a  metal  dia¬ 
phragm,  but  is.  mot  by  a  suitable  diaphragm  of  any  material. 

It  is  not  a  broad  claim  for  the  construction  of  a  "  common  rocoivor,” 
that  is,  an  instrument  that  will  respond  equally  well  to  all  pilches. 
Tlie  Iteis  rocoivor  would  do  that,  while  it  will  not  roprodnoo  spoech 
(seo  tlio  oxpross  testimony  of  Prof.  Morton,  vol.  iii.  p.  230,  mis.  23, 
and  pp.  89,  90, supra).  Tlio  claim  includes  an  instrument  which,  by 
its  special  construction,  has  tlio  special  capacity  to  reproduce  quality. 
Having  that,  it  can  of  course  reproduce  all  pitches ;  but  the  capacity 
to  reproduce  all  pitches  does  not  imply  the  capacity  to  reproduce 

The  issuo  is  not  on  a  receiving  instrument  nlono  as  a  separate  struc¬ 
ture.  It  is  forsueh  an  instrument  as  wo  have  described  combined  with 
nil  electric  circuit ;  mid  the  circuit  is  to  bo  ono  upon  which  sounds  liavo 
boon  so  thrown  that  a  suitable  rocoivor  can  roprodueo  their  quality. 
Tho  combination  staled  requires  tlio  presence  ot  a  current  which 
shall  talco  up  the  quality  of  sounds  and  convoy  it  to  tho  receiver. 




currant  forms  part  of  tho  invention  that  tho  special  capacity  named 
becomes  material ;  and  it  is  only  in  prcscnco  of  and  in  combination 
with  such  a  oirauit,  so  furnished,  that  tho  distinctive  characteristic 
of  tho  receiver  becomes  operative  or  cau  ho  detected, 

Dell's  Case.  —  His  date  is  Octohor,  1874,  wiion  ho  disclosed  tho 
invention  to  Dr.  Biako  (p.  G4,  sujira).  His  conception  then  was  to 
itso  tho  samo  instrument  (or  duplicates)  for  both  transmitter  and 
receiver.  Juno  2,  1875,  ho  made  one,  and  that,  under  tho  oir- 
cumstancos,  must  ho  considered  a  reduction  to  practice  for  both 
purposes  for  whioh  ho  conceived  it,  though  ho  did  not  make  a 
socond  ono  (which,  wiion  made,  was  substantially  a  duplicate,  as  ho 
intended)  until  a  fow  wcoks  later. 

Dolbear's  Case - Dolboar’s  first  conception  on  tho  subject  was  in 

September,  1878,  and  he  oxprcssly  disclaims  any  invention  except 
subsequent  improvements.  (Soo  pp.  181,  165,  supra.) 

Gray's  Case — Gray’s  only  work  whioh  cau  moot  Bell’s  in  date  is 
ids  wash-basin  rocoivor,  mado  in  July,  1874.  This  was  made,  used 
a  fow  limos  experimentally,  lost,  and  novor  roproducod.  The  modi¬ 
fied  form,  shown  in  tho  tin  cup  receiver,  mado  and  used  January  or 
February,  1875,  was  oxporimontally  used  onco  or  twieo  nud  thrown 
away.  Tlioy  woro  never  roproducod  except,  as  models  for  this  caso, 
wiion  Boll’s  patent  was  eighteen  months  old  and  his  instrument  had 
gono  into  oxtonsive  commercial  uso.  Upon  this.  Gray  lias  no  sutli- 
uiont  reduction  to  practice  lieforo  Boll’s  patent  to  go  hack  from, 
no  diligence  to  carry  him  back,  and  Ins  work  of  1874  must  stand 
as  m,i  abandoned  experiment,  only  revived  by  tho  success  of  an 
original  invontor  and  patentee.  (Soo  pp.  172,  177,  181,  244, 

Mo  never  triod  them  with  tolophonio  currents,  and  novor.  showed, 
or  know  whether  tlioy  could  "reproduce  quality.” 

Wiion  Gray  drew  his  caveat,  February,  1876,  ho  in  effect  declared 
that  tho  instrument  of  1874,  ns  ho  made  it,  was  not  capable  of  acting 
as  a  rocoivor  to  reproduce  quality,  or  olso  it  imd  passod  out  of  his 
mind  entirely ;  it  was  either  condomnod  or  forgotten,  both  by  him¬ 
self  and  Goodridgo.  When  tlioy  tried  to  nmko  a  speaking  tolophono 
tlioy  did  not  omploy  this  instrument.  Mr.  Gray  privately  and  pub¬ 
licly  recognised  Mr.  Bell  ns  tho  invontor  and  lawful  patontoo  of  tho 


whole;  ho  claimed  for  himself  such  honor  ns  might  flow  from  tho 
tardier  conception  of  tho  ideas  set  forth  in  Ills  caveat,  lint  ho  claimed 
no  other  or  earlier  conceptions  relating  to  tho  subject,  and  ho  ox- 
prossiy  staled  that  ho  had  mado  no  reduction  to  practieo.  Soo  his 
lcltors  and  lecture,  quoted  on  pp.  173-175,  supra,  nud  a  furtlior 
consideration  of  tho  ofl’cot  of  his  discarding  it  in  his  cuvoat,  p.  181, 

It  is  quite  evident  Hint  wiion  Gray  first  mado  the  wash-basin  instru¬ 
ment  ho  constructed  it  as  a  sound  reflector  to  intensify  tho  sounds 
duo  to  tho  molecular  expansion  of  tho  magnot  itself  (p.  179,  supra)  ; 
ho  docs  not  tell  us  wiion  he  concoivod  the  idea  of  producing  sound 
by  thu  vibrations  of  the  diaphragm ;  lie  has  not,  therefore,  proved 
tlie  ditto  of  tho  conception,  tho  liurdon  of  which  is  on  him ;  nud, 
considering  that  ho  went  to  Etiropo  at  onco,  and  roturned  after  Bell 
had  made  iiis  conception,  this  is  very  significant.  Moroovcr,  the 
drawings  of  his  application  indicate  that  ho  used  it  by  listening  at 
tho  insido  of  tho  basin ;  this  would  bo  right  if  it  woro  a  reflector, 
but  no  man  would  do  this  if  lie  rolled  on  tho  diaphragm  as  tho 
sourco  of  sound,  for  the  largo  magnot  would  keep  the  oar  six  inches 
away  from  tho  diaphragm  while  tho  magnot  itsolf  would  much  inter¬ 
fere  witli  tho  sound.  Wo  assert  that  it  is  absolutely  impossible  to 
receive  an  articulate  sound  by  listening  at  tiiat  sido  witli  tho  car  in 
tho  position  shown,  when  employing  tho  transmitter  shown  in  Gray's 
application  or  tho  best  transmitter  known  to  tho  public  at  its  dato. 
It  is  for  Gray  to  show  Unit  this  can  ho  done,  and  this  requires  suli- 
slantivo  evidence  in  faeo  of  tho  fact  that  in  his  caveat  ho  indicated 
Hint  it  could  not.  (Suo  p.  181,  supra.) 

Furthermore,  it  will  bo  observod  Hint  tho  magnet  of  this  rocoivor 
is  of  great  length,  tlireo  timos  ns  long  as  tlioso  used  for  ordinary 
telegraph  instruments.  Gray  of  course  know  that  this,  per  se,  was 
a  disadvantage ;  but,  wlioro  molecular  expansion  is  roliod  on  ns  tho 
sourco  of  sound,  its  volumo  depends  on  llio  length  of  tho  magnot, 
and  so  Gray  took  a  very  long  ouo.  Kois  used  ono  ten  inches  long 
(vol.  iii.  p.  251),  and  Vnrloy  usod  ono  cightoon  .inches  long  (Dowd 
case,  vol.  ii.  p.  559,  at  foot). 

It  is  true  that  Gray’s  application  is  not  limited  in  torms  to  speech, 
but  it  in  terms  includes  it,  and  expressly  assorts  for  his  invention 



the  capacity  to  reproduce  tho  quality  of  spoken  words.  Tho  com¬ 
mission  has  decided  that  tiiis  is  tho  proper  construction. 

Edison's  Case.  —  Edison  made  an  instrument  intentionally  so  con¬ 
trived  that  it  should,  and  practically  did,  cxcludo  tho  capacity  and 
qualifications  named  in  tho  issuo.  Ho  dropped  it,  and  neither  con¬ 
tinued  its  use  nor  attempted  to  improve  it  until  after  ho  lmd  hoard  of 
Mr.  Boll’s  public  success.  IIo  then  tried  somo  instrument,  perhaps 
his  old  one,  found  it  impracticable,  and  eouoludod  that  ho  must  make 
ono  which  should  bo  difi'oront,  though  possessing  somo  of  tho  snmo 
elements.  His  early  instrument,  thoroforo,  was  not  triod  witli  telo- 
phnnie  currents  in  1875,  did  not,  ns  constructed,  possess  tho  capacity 
named  in  tiie  issuo,  and  was  by  Edison  rejected  for  that  reason ;  and 
it  was  not  counooted  with  his  first  successful  reduction  to  practice, 
in  the  fall  of  1870,  by  any  diligence.  (Soo  discussion  of  Edison's 
ease  on  pp.  208-215,  supra.) 

E.  II.  Johnson,  ono  of  Edison’s  witnesses,  undertakes  to  swear 
that  Edison’s  instruments  A  and  A1  nro  not  analyzers.  But  .Mr. 
Edison  mado  thorn  to  bo  analyzers,  swore  in  sovoral  applications  tli  it 
they  wore,  publicly  assortod  in  a  printed  book  that  thoy  wore,  and 
testimony  to  tho  contrary  now,  when  need  calls  for  it,  from  a  single 
uncorroborated  witness,  strongly  interested  in  his  Toolings,  experi¬ 
menting  to-day  with  tho  most  recent  knowlodgo  and  tho  most  power¬ 
ful  transmitters,  cannot  roscuo  thorn  from  tho  abandonment  in  which 
their  specialized  and  useless  character  did  in  fact  leave  thorn.  (Soo 
this  further  considered  among  "miscellaneous  mutton”  at  tho  and  of 

Strictly,  Edison’s  application  148  does  not  moot  the  issuo  at  all ; 
his  applications  130  and  141,  however,  do,  and  tho  evidence  has 
beeiMnken  with  that  understanding,  and  the  issuo  should  bo  so  do- 

McDonough's  case  has  already  been  sufficiently  considered  on  pp. 
235-239,  2C7,  supra.  This  is  tho  only  issue  1m  is  party  to. 

Priority  .should,  thereupon,  lie  awarded  to  Bell,  the  patentee. 

Speaking  Telephones  with  Metallic  Diaphragms. 

Mr.  Boll’s  second  patent,  180,787,  of  Jan.  30,  1877,  describes 
and  claims  that  improvement  in  speaking  telephones  which  consists 

in  llm  instrument.  IV o  have  inferred  that  some  of  his  opponen 
mount  to  contost  this  invention.  But  wo  do  not  readily  perceive  i 
issuo  which  raises  it.  IVo  thoroforo  stato  hero  our  views  about  i 
if  any  issuo  shall  1m  found  which  presents  tho  quostion. 

Intorforonco  G  is  a  copy  of v  tho  only  claim  made  by  Gray  upc 
rccoivors  in  his  throo  original  applications  of  Oct.  29,  1877.  It 
found  in  No.  3,  called  by  him  "Gray’s  eoncavo  diaphragm  roooivi 
application.”  Tho  claim  is  intoutionnlly  broad  onough  to  inoludo 
mombraim  diuphragm ;  but  tho  drawing  and  description  show  ire 
diaphragms,  and  tho  instrument  1m  relies  on  to  support  this  applici 
tion  (wash-basin  receiver)  had  an  iron  diaphragm.  Wo  canno 
tlmreforo,  state  llm  issue  in  a  manner  more  conformable  to  his  viov 
than  by  repeating  his  olnim  with  tho  words  "of  iron  or  somo  otlu 
inductive  tnotal”  after  tho  word  "diaphragm.”  Indeed,  as  math 
of  law,  Gray’s  oxisting  claim  would  bo  so  construod.  Tho  claim  i 
drawn  is  inoperative,  boeauso  it  docs  not  contain  an  armature,  ni 
although  tho  reference  to  tho  specification  would  supply  this, 
would  supply  it  by  inserting  tho  kind  of  nrmnturo  shown,  an  ire 

Ail  issuo  or  claim,  if  thus  stated,  would  bo :  — 

”  A  tolephonio  receiver  consisting  of  this  combination  in  an  elo 
trie  circuit  of  a  magnet  and  a  diaphragm  of  iron,  or  other  iiiduoth 
and  elastic  inolal,  supported  by  its  edges  and  arranged  in  close  pro 
imily  to  said  magnet,  whereby  sounds  thrown  upon  tho  lino  uu 
bo  reproduced  accurately  as  to  pitch  and  quality.” 

Tho  contestants  to  such  an  issuo  might  bo  :  — 

Bell,  patent  180,787,  Jan.  30,  1877. 

Edison,  application  130,  April  27,  1877. 

Gray,  application  No.  3,  Oct.  29,  1877. 

Dolbcar,  application,  Oct.  31,  1877. 

AVo  have  already  stated  (pp.  107,  108  supra)  that  this  invontii 
depended  upon  tho  discovery,  and  tho  utilization  of  it  in  a  spoakii 
telonliono.  that  an  iron  nlnto  can  bo  mado  which  shall  bo  callable 





affording  mass  enough  to  net  ns  an  arninturo,  mill  ut  the  snuio  time 
ho  sonsitivo  enough  to  respond  to  sound  wuvos,  or  to  respond  with 
midiblo  violoneo  to  those  dolieiito  fluctuations  of  eurront  which  nro 
found  in  the  speaking  tolcpliono. 

Mu.  Bell  usod  at  his  Coutonuinl  exhibition,  Juno  25,  1876,  an 
instrument  containing  this  feature.  It  was  constructed  (seo  p.  110, 
supra),  about  May  10,  1870,  and  thereafter  suoli  instriinicuts  woro 
continually  used ;  tlioy  woro  shown  in  Mr.  Boll’s  specification,  pre¬ 
pared  in  October,  1876.  A  very  finished  sot  of  working  instruments, 
with  tiiis  feature,  woro  constructed  in  October,  1876,  and  tlio  model 
for  the  application  was  one  of  them.  Tlioy  woro  shown  in  Mr.  Boll’s 
English  application,  filed  in  London,  Doe.  9,  1876  j  tlioy  woro  pnt- 
ontod  in  his  patent  186,787,  Jivn.  30,  1877.  His  date  of  actual 
construction  of  an  operntivo  receiver  with  a  metallic  diaphragm 
was,  therefore,  about  May  10,  1876,  and  that  instriuflent  was 
within  a  few  weeks  exhibited  and  usod  ut  the  Contonninl  in  a  most 
public  manner. 

Mb.  Dolueab’s  Case.  —  Mr.  Dolbonr’s  oxpross  testimony  is,  that 
ho  first  turned  Ins  attention  to  tlio  subject  in  September,  1876,  nftor 
bo  hoard  of  Boll’s  Contoniiinl  exhibition.  (See  his  toslimony  quoted 
pp.  161,  162,  supra.)  Tlio  first  instrument  thatho  conceived  of  and 
attempted  to  make  lmd  india-rubber  'diaphragms,  with  apioeo  of  iron 
gluod  to  thorn.  (Seo  his  oxpross  testimony,  p.  166,  supra.)  Mo 
never  began  to  construct  a  tolophono  with  the  featuro  of  n  motallio 
diaphragm  until  after  Christinas,  1876,  and  ho  did  not  oompleto  it 
until  Fobruury  or  March,  1877,  after  ho  had  seen  Dell's  instruments 
and  congratulated Jdell  on  his  invention,  without  a  word  of  deprecia¬ 
tion  or  reservation.  (See  his  oxpross  testimony,  p.  167,  supra.)  Mr. 
Boll,  thoiefoio,  had  publicly  exhibited  and  operated  it  many  months 
boforo  Mr.  Dolbcnr  had  first  conceived  of  tlio  ideii,  and  Mr.  Bell  had 
actually  obtained  his  patent  and  shown  n  finished  instrument  to  Mr. 
Dolbcnr  boforo  that  gentleman  completed  his  own. 

G 11  ay’s  Case.  —  Mr.  Gray’s  special  application  for  a  diaphragm 
receiver  (No.  3)  states  that  his  patents  106,095  and  166,090  of 
July  27,  1875,  show  "an  apparatus  lor  producing  musical  tones  by 
the  action  of  a  series  of  vibrating  elcclro-tomcs,  whereby  sovoral 
musical  notes  simultaneously  can  lie  transmitted  over  a  single  elec¬ 
tric  circuit  through  a  common  rocoiver.” 

"Electro-tome”  etymologically  anil  technically  moans  a  dovieo 
"Inch  cuts  ofl  an  oloctrio  ourronts  rhootomo,  circuit  bronkor, 
and  current  interrupter  uro  equivalent  and  perhaps  more  ordinary 
words  for  tlio  sumo  thing.  As  transmitters  wo  know  that  they  con- 
tiul  pitch,  not  quality,  and  tlio  ability  to  reproduce  pitch  is  all  that 
the  receiver  of  such  an  apparatus  needs. 

Tlio  invention  which  is  to  bo  the  subject  of  this  specification  is, 
thereforo,  to  bo  something  which  shall  bo  different  from,  mill  go 
further  than,  tlio  abovo  named-patents.  This  uovolty  is  thus  sot 
forth  :  — 

"The  object  of  my  present  invention  is  lo  provido  nil  apparatus 
cnpublo  of  aeeuratoly  roproiluciii"  in  an  oloctrio  circuit,  not  only 
the  ilill'urout  tonos,  tint  tlio  pitch  and  quality  of  sounds,  whether 
produced  by  mec/tanicism  or  the  vocal  organs;  lo  which  end  my 
improvement  consists  m  iiitorposing,  in  an  electric  circuit,  an 
apparatus  consisting  essentially  of  a  diaphragm  arranged  m  close 
proximity  to  a  magnet,  &e.” 

He  then  says  that  tlio  plalo  is  to  bo  thin,  preferably  "ciroulnr,  pref¬ 
erably  of  iron  or  stool,  rigidly  supported  at  its  edges,  ”  while  tho 
central  portion,  being  elastic,  is  loft  free  to  tako  up  and  rospond  to 
sonorous  vibrations  of  every  character."  Ho  adds  that  "  tho  proper 
proportion,  form  mill  mounting  of  this  plate,  diso  or  diaphragm  lire 
important  conditions.”  IIo  concludes :  "with  an  apparatus  thus  con¬ 
structed  vocal  sounds  or  articulate  words  spoken  in  one  instrument 
will  be  accurately  reproduced  in  the  other,  both  as  to  pitch  and  quality 
ns  well  ns  tono.” 

His  claim  concludes  with  tlio  plirnso  ”  whereby  sounds  thrown  upon 
the  line  may  be  reproduced  accurately  as  to  lone,  pitch  and  quality." 

It  is  obvious  timt  tho  leading  distinction  in  practical  results  be¬ 
tween  tho  instrument  here  described  and  that  of  tho  older  patents  is, 
that  while  both  will  reproduce  pitch,  this  now  ono  will  also  respond 
to  those  fur  more  dclicato  electrical  variations  which  servo  for  the 
transmission  of  quality  with  such  practical  audibility  that  convorsn- 

Mr.  Bell’s  patent  186,787  shows  an  instrument  for  which  thoso 
advantages  are  claimed,  and  which  m  fact  possesses  them.  Ho 
.demonstrated  that  it  did  possoss  them  by.  nil  apparatus  which  ho 
made  anil  usod  in  May,  1876.  and  constantly  thereafter. 

When  did  Gray  coueoivo  tlmt  the  described  instrument  would 
roduco  tlio  doscribod  result  which  is  to  distinguish  it  from  Ills 
roviously  patented  dovico.  viz;,  the  reproduction  of  quality? 
lrl)pn  did  lie  know  mid  demonstrate  that  it  would  do  so  by  actually 
icoinplishing  tlics'o  results  himself  with  an  operative  instrument? 
Tho  answer  is  that  in  February,  1870,  in  a  caveat  then  wrillon, 
gnod  mid  simi-u  to,  ho  stated  m  ellcet  that  such  mi  instrument 
ould  not ;  and  tho  first  attempt  to  do  it  that  ho  over  witnessed  was 
io  accomplishment  of  it  by  Mr.  Bell  with  his  own  instrument  Juno 
5,  1870,  at  tho  Centennial  (pp.  181,  183,  snjtra). 

That  tho  metallic  diaphragm  would  operate  successfully  for  this 
ill  was  Contrary  to  tho  existing  stato  of  knowledge,  and  con- 
ary  to  Mr.  Gray’s  own  belief,  ns  expressed  in  February,  1870. 

Mr.  Bell  patented  this  instrument,  and,  fifioon  months  aftorwar.l, 
r.  Gray  comes  forward  to  say  that  hu  had  iuvontod  it  and  roduood 
to  practice  in  1874,  and  thus  to  defoat  Mr,  Bull’s  patont.  On  this 
atomont  of  tho  facts  it  is  olenr  that  Gray  had  not  inado  an  instru- 
ont  and  operated  it  with  such  success  as  to  demonstrate  that  it 
mild  accomplish  what  his  application  and  Boll’s  application  now 
sort  for  it.  Tho  statement  in  ids  caveat  specification  is  tlmt 
o  only  thing  fit  for  that  purpose  was  "some  thin  substance,  such 
1  parchment  or  goldbeaters  skin,  capablo  of  responding  to  all  tho 
lirations  of  tho  human  voice,  whether  simple  or  complex.''  It  is 
tar,  therefore,  that  nothing  Mr.  Gray  did  in  1874  or  1875  oven 
:t  on  his  mnul  tho  impression  that  a  plato  of  sheet-iron  had  that 
pacity  or  could  bo  used  as  a  speaking  tolcphono,  and  he  novor  laid 
used  it  at  tlio  timo  Mr.  Bell  took  out  Ids  patent  on  his  invention, 
would  bo  absurd  to  say  that  Mr.  Gray  had  inado  tho  invention 

for  a  dill'oront  purposo,  and  to  bo  oporatod  by  different  forms,  an  ex¬ 
perimental  modul  which  contained  a  metal  diaphragm  ami  an  oioctro- 
magnet.  Ho  employed  it  for  no  usoful  purposo  j  lost  it  and  did  not 
roproduoo  it  or  patent  it.  Sineo  Mr.  Boll  obtained  his  p  itont  it  h  is 
boon,  for  tho  first  time,  ascertained,  by  menus  of  or  as  aeonsoqiionoo 
of  Mr.  Boll’s  specification  and  actual  use.  that  Gray’s  instrument 
can  servo  for  speech,  though  very  imporfootly.  But  tlio  knowledge 
that  mi  non  diaphragm  can  ho  used  in  a  spoakiiig-lelophono  with 
advantage  is  duo  to  tho  original  invention  of  Mr.  Boll.  When  Gray 
inado  tho  instrument  tho  stato  of  tho  art  coupled  with  inspootion  of 
his  apparatus  did  not  teach  men  that  it  could  ho  so  used.  No  usuor 
experiment  by  him  demonstrated  that  it  could  bo.  On  tho  contrary, 
tho  impression  loft  on  his  mind  was,  that  it  was  so  unfitted  fertile  pur¬ 
pose  'Is  "so  was  not  to  bo  montioiiod  in  connection  with  tho 
speaking  lelephono,  ovon  as  a  possibility. 

Tho  tin-cup  dovico  mod  in  February,  1875,  novor  nppoars  again  : 
nothing  that  answers  tho  issuo  evor  appears  again  until  Mr.°Gray 
constructed  one  in  October  or  Novombor,  1877,  to  sorvo  as  a  modol 
in  this  case  (p.  177). 

That  ho  Iron  tod  it  ns  an  abandoned  experiment  is  clear  from  an¬ 
other  circumstance.  When  ho  enmo  to  draw  his  caveat  it  is  cortain 
tlmt  if  this  had  boon  present  in  his  mind  ns  a  useful  tiling  or  a  sub¬ 
stantial  thing,  his  drawing,  or  his  description,  would  have  givon 
somo  indication  j  lint  his  drawing  is  of  a  totally  dill'oront  character,— 
shows  a  difibront  kind  of  case,  dill’oront  kind  of  figure  j  it  is  certain 
that  no  Ilian  who  had  tlio  wash-basin  instrument  or  tho  tin-cup  in¬ 
strument  present  in  Ids  mind  as  a  thing  which  could  bo  used,  would 
o  made  tho  drawing  of  tho  receiver  of  tlio  caveat.  It  is  a  fnct 
ily  provod,  thoroforo,  that  tlieso  Instruments  had  eillior  passed 
of  Mr.  Gray’s  mind  entirely,  or  that  the  exporimonts  with  them 
satisfied  him  that  they  wore  totally  useloss  for  tho  purposes  of 
lkl..g  toli.pliOi.os ,  tliore  is  no  pretence  of  their  practical  utility 
liny  other  purposo. 

is  to  ho  obsorved,  also,  that  Mr.  Gray  liimsolf  liatonod  at  Air. 

)o-p, aided  with  Bell,  and  referred  lo  llieir  rolalive  claims,  admitting 
Boll’s  priority  in  largo  and  gonoral  terms.  Never,  to  Bell  or  to  any 
oao  elso  (until  tho  Western  Union  put  him  forward  in  Oetohor, 
1877),  did  ho  nlludo  to  any  claim  on  his  part  to  tho  prior  construc¬ 
tion  of  a  receiver.  Mo  says  that  a  fow  days  nftor  tho  Contonninl  ex¬ 
hibition  ho  tried  to  mako  a  speaking  telephone,  hut  ho  did  not  try  to 
tuako  or  to  uso  that  reeoivor  with  it,  nor  did  ho  over  attempt  to 
reproduce  it  for  the  purpose  of  spooking  telephones,  so  far  as  tho 
ovidonco  discloses,  until  he  made  his  modol  at  the  request  of  tho 
Western  Union,  in  tho  fall  of  1877.  It  would  ho  perfectly  absurd 
to  say  that  his  apparatus  of  1874  and  1875  wont  beyond  an 
abandoned  oxporiinont ;  it  would  ho  still  more  absurd  to  say  that  tho 
models  lie  mndo  for  tho  Patent  Olliuo  in  tho  fall  of  1877  could  ho 
connected  by  a  chain  of  "roasonablo  diligonoo”  and  unremitting 
exertion  with  his  washbasin  and  tin  dippor  of  1875.  Tho  dotails  of 
Mr.  Gray’s  ovidonco  on  this  topic  are  on  pp.  178-183,  supra. 

It  would  ho  dillioult,  therefore,  to  stato  a  stronger  ease  of  an 

. ent  which  was  made  merely  for  an  experimental  uso,  as  a 

matter  of  show  and  not  of  utility,  lost  or  broken  up,  forgotton,  do- 
ohu'od  by  him  to  bo  worthless  and  inoperative  for  tho  purposes  for 
which  ho  now  wishos  to  patent  it ;  and  yot,  that  is  tho  only  basis 
upon  which,  at  tho  prosont  timo,  ho  soolts,  by  palontiiig  the  rocoivor, 
under  an  application  made  fifteen  months  nftor  Mr.  Boll  had  publicly 
used  it,  with  his  knowledge  and  without  assertion  of  claim  by  him, 
ti  control  the  groat  invention  of  tho  speaking  tolophone  which  ho 
confesses  ho  did  not  mako,  and  which  Mr.  Bell  did  mako. 

to  bo  unfit  for  uso  in  a  receiver,  and  thereupon,  in  tho  instrument 
which  ho  constructed  all  through  tho  autumn  of  1878,  ho  invariahl, 
employed,  and  in  his  sketches  invariably  diroctod,  tho  omployinen 
of  parchment  diaphragms.  In  tho  instrument  which  ho  made  ai 
his  oarliost  model  for  his  oarliest  application  ho  first  had  a  parch 
ment  diaphragm.  After  Mr.  Boll’s  patent  had  boon  out  a  fortnigh: 
and  presumably  oomo  to  Edison’s  hands,  and  after  Mr.  Boll’s  exhibi¬ 
tion  and  locturo  at  Salem,  roportod  in  tho  papers  of  February  15, 
16  and  17,  where  ho  used,  according  to  those  ropnrts,  a  metallic 
diaphragm  instrument,  thou,  for  tho  first  timo,  Mr.  Edison  appears  to 
liavo  followed  tho  idea  that  a  motallio  diaphragm  would  ho  suited 
for  a  spanking  tulophono,  mid  thereupon  earned  another  model  to  be 
made  in  which  a  metal  diaphragm  was  substituted  for  the  membrane. 
(Soo  pp.  213-215,  supra.) 

It  cannot  bo  protended  that  Mr.  Edison  had  boforo  that  nporatod 
a  tolophone  with  a  metal  diaphragm  with  such  success  as  to  domon- 
strato  that,  for  tho  pnrposo  intended,  tho  metal  was  an  improvement 
over  tho  lucmlmmo,  for  ho  had  expressly  declared  tho  contrary  to 
ho  tho  opinion  ho  ontortninod  ns  tlio  rosults  of  his  experiments. 
Nor  cun  it  bo  prolondod  that  tho  instruments  ho  mndo  in  tho  spring 
of  1877  wore  eonnootod  linok  by  any  oliain  of  diligence  with  any¬ 
thing  ho  did  in  1875,  booauso,  from  tho  time  that  ho  mndo,  in  No¬ 
vember,  1875,  tho  Instrument  which  ho  relies  on,  hut  whioli  wo  liavo 
shown  was  not  a  sponking-tclophouo  rcooivor  at  all,  ho  did  abso¬ 
lutely  nothing  moro  on  the  subject  until  after  ho  had  hoard  of 

304  gray's  blacking-box  instrument. 

nny  practical  success  in  a  spanking  tolcpliono.  Now,  Unit  is  not  tlio 
condition  of  ..  i.m.i  who  claims  that  improvement  in  speaking  tele¬ 
phones  which  consists  m  substituting  a  motnllic  diaphragm  foe  a 
membrane  diaphragm. 

Remarks  of  Messrs.  Goodriilge  and  Gray  about  this  issue. 

Tlio  depositions  of  Messrs  Gray  nnd  Gondridgo  oxhilnt  a  curious 
misapprehension  of  what  constitutes  a  sponking-tolcphono  receiver 
will'  mohillio  diaphragm.  They  intimato  that  tlio  blacking  box 
of  Gray’s  patent  186,005,  July  25,  1875,  is  such  an  apparatus.  It 
certainly  is  nut,  for  it  doos  not  have  a  diaphragm  supported  at  tlio 
edges  and  free  at  tlio  centre.  It  is  simply  a  species  of  sounding 
box,  and  is  described  ns  such  in  tlio  pntont.  A  sounding  box 
adapted  for  this  purpose,  to  net  like  tlio  body  of  u  violin,  was  de¬ 
scribed  and  used  by  Kois  (vol.  iii.  p.  252),  and  by  Varloy  (Dowd 
ease,  vol.  ii.  p.  557).  Tlio  Otlico  did  not  put  that  patent  into  tins 
interference,  nnd  Mr.  Gray’s  application  No.  3  sharply  draws  tlio 
distinction  botwoon  tlio  instruments  of  1«8, 035,  which  can  reproduce 
pitch,  and  tlio  true  diaphragm  rocoivor  which  can  reproduce  quality. 
(See  the  quotation,  p.  208,  supra.)  Moreover,  this  issue  relates  to 
a  true  magneto  rocoivor  in  which  tlio  diaphragm  is  to  lie  of  iron  or 
some  inductive  metal  which  can  act  as'  an  armature.  Gray’s  patent 
says  that  the  box  there  dosoribod  is  to  bo  of  any  metal.  Tlio  lan¬ 
guage  ot  that  patent  is  (Dowd  case,  vol.  ii.  pp.  573,  581)  . _ 

"  '''a01,11',""  fol'itos  to  what  1  term  an  'oiuelro-harmimio  tolc- 

ai  nlp’nr  d  ba\ed.uPon  Me  fact,  well  known  to  electricians,  that 


Ihov.l 1  ,tLOd«tl1  '  Vl,0l‘  dope  >d  upon  tho'n.ii'k'utyo"' 

!  /'■1s,tll°  locoiving  elect ro-magiict  is  connected  with 

mum  it  win  iio  caused  to  vibrato,  thus  producin'’’  a  tonn  of 
cone  1  i.idnig  pitch,  ti  e  sound  t  wl  cl  may  be  i  ten^h  I  by  the 
lnngnot!”  °yl"Ulcl'  &  01  n,otal’  P'tmod  on  tl.e  poles  of  the 

Tlio  electrical  vibrations  wore  caused  by  a  circuit  breaker. 

It  is  obvious  that  tlio  sound  was  duo  to  the  in  , locular  expansions 
o  io  niuguot,  and  that  this  was  tlio  sound  which  was  heard,  in¬ 

tensified  by  tlio  largo  area  of  tlio  box  resting  on  tlio  magiiot.  Tlio 
lower  face  of  tlio  box  rests  on  tlio  magnet ;  the  uppor  face  is  too  far 
oil  to  bo  nficctcd,  and  it  is  declared  that  tlio  purposes  of  tlio  inven¬ 
tion  are  secured  if  tlio  box  bo  of  metal,  without  regard  to  whether 
it  bo  a  metal  capable  of  acting  ns  an  armature  or  not.  No  such  box 
oxists  in  the  modol ;  tliero  is  no  ovidcnco  whatovor  Unit  it  was  over 
filed  in  tlio  Ollico.  The  pntont  dourly,  therefore,  duos  not  set  forth 
tlio  inventiou  of  an  inductive  diaphragm,  supported  by  its  odgos  and 
vibrated  by  tlio  varying  attraction  of  tlio  magnet. 

Tlio  fact  that  lie  put  lids  into  a  pntont  nnd  mudo  no  claim  for  and 
attached  no  importance  to  a  true  diaphragm  instrument  (if  iio  laid 
ono)  until  long  after  Mr.  Dull  had  patented  and  publicly  used  it  is 
conclusive  proof  that  lie  laid  not  douo  onougii  to  overthrow  Boll’s 

Wo  have  discussed  this  as  if  tliero  wore  a  real  issue  on  tlio  inven¬ 
tion  of  tlint  improvement  in  spoaking.  telephones  which  consists  in 
tlio  employment  of  an  iron  diraphragui.  But  in  truth  tlioro  is  no 
sucii  isstio  nor  anything  to  rniso  ono.  Mr.  Boll  laid  a  pntont  many 
months  old.  No  interference  is  raised,  unless  somo  applicant  both 
shows  nnd  claims  it;  Mr.  Gray’s  four  applications  contain  no  such 
claim.  Tliero  is  no  claim  in  his  application  which  would  bo  rcii- 
dorod  invalid  by  proof  that  ho  was  not  tlio  first  inventor  of  tlio  iron 
diaphragm.  The  Ollico  at  first  so  read  ids  claim  which  forms  issue 
G,  but  upon  informing  him  that  lids  was  considered  a  mistake  and 
that  the  inlorfcrouco  would  bo  declared  with  Bells  membrane  dia¬ 
phragm  instrument,  and  not  with  tlio  other,  lie  declared  that  to 
bo  Hie  construction  intended,  and  declined  to  nniko  any  claim  which 

cided  tho  invoiilion  o  cl  fforcnt  I  Bell  v.  Gray,  15  O.  G. 
779,  ho  says:  — 

llio  fiiot  tlmt  tho  receiving  device  ns  usod  in  Intorfurouoo  G 
would  enable  un  uudiiliitory  currant  of  oluctrioity  to  reproduce,  ut 
tlio  point  of  dolivory ,  llio  sumo  sound  vibrations  which  Imd  lioon 
enusod  by  nrticuluto  spoooli  nt  tiio  starting'  point,  was  not  onom-h  to 
suggest  to  tho  skilled  workman  or  electrician  tlmt  tho  sumo  dovioo 
would,  if  roversod,  onublo  tho  sound  vibrations  caused  by  tho  spnkon 
word  to  cause  sucl.  variations  of  tho  cloctrio  ourront  us  to  reproduce, 
at  a  romoto  point  on  Ihoeircuit,  tho  samo  sound  vibrations.  If  tho  in¬ 
vention  of  this  transmitter  was  suggested  by  tho  rocoivor,  it  was 
none  tho  loss  an  invention  in  tho  sonso  of  tho  law.” 

Mr  Gray,  therefore,  never  invented  tho  tel01  o  t  i  iter 
dosord.od  in  this  issuo;  ho  novor  usod  ouo  nor  suu<Wit  to  u-o  ono 
until  after  tho  grant  of  Mr.  Boll’s  second  patent. 

Mr.  Dolbear's  claim  is,  tlmt,  taking  Fig.  7  of  Mr.  Boll’s  lirst 
patent,  which  would  not  moot  tiiis  issue',  ho  altered  it  by  substitutin'- 
a  metal  diaphragm  for  a  membrane  diaphragm  and  attached  armature” 
and  that  tho  invention  doscribod  in  tho  to  t  this  alto,  a 

Mr.  Bell's  historical  Contormini  rocoivor  had  a  motaliio  diaphragm, 
winch,  as  a  structuro,  would  answer  this  issuo.  It  was  undoubtedly 
intended  as  a  rocoivor,  hut  Mr.  Watson  distinctly  testifies  that  before 
it  was  taken  to  Philadelphia  it  was  by  him  usod  ns  a  transmitter 
(n.  110,  supra).  Next.  Mr.  Boll,  aboutJulv  1.  did  actually  cm- 

. . .  u>.  supra). 

Now,  oitlior  of  thoso  dittos  will  nnteduto  wlmt  Mr.  Dolboar  did, 
for  Mr.  Dolboar  s  lirst  attempted  Instrument,  novor  notunlly  con- 
struotod,  but  only  bogiiu  and  workod  upon  first  during  tho  last  of 
September  or  first  of  Octobor,  imd  a  rubber  diaphragm  with  an 
ar.iiatuio  glued  oii  to  it.  Some  time  nftor  that  — ho  does  not  say 
how  long  after  —  ho  dotorminod  tlmt  "probably”  it  would  ho 
bettor  to  mako  tho  diaphragm  or  iron  (p.- 166,  supra),  but  ho  novor 
oven  began  to  construct  n  tolopbono  with  snob  a  diaphragm  until 
nftor  Christmas,  187G,  and  did  not  complete  it  until  tho  last  of  Jan¬ 
uary  or  first  of  February,  1877  (pp.  166,  187,  supra).  I-Iis  first  con¬ 
ception,  thoroforo,  was  certainly  nftor  Mr.  Bell’s  instrument  of  July, 
probably  nftor  Mr  Bell’s  Instrument  of  Ootobor.  Boforo  Mr.  Dolboar 
bogan  tho  construction  of  such  a  telephone,  Mr.  Boll  Imd  made  it  in 
finished  form,  had  usod  it  and  imd  doscribod  it  in  his  English  speci¬ 
fication  which  was  filed  in  London,  Doc.  9,  1878,  two  or  three 
weeks  boforo  Mr.  Dolboar  bogan  his  construction ;  and,  finally,  it  is 
clear,  on  Mr.  Dolbonr’s  own  testimony,  that  ho  had  novor  eomploted 
un  instrument  of  tlmt  kind  until  after  tho  grant  of  Mr.  Boll’s  patent. 
Mr.  Dolboar  was,  thoroforo,  tho  last  to  coneoivo,  tho  last  to  con¬ 
struct,  and  tho  last  to  como  to  tho  Ofiico. 

The  next  issuo  of  Intcrforonco  I,  namely,  the  second,  whioh  for¬ 
merly  formed  luterforonco  IC,  turns  upon  llio  omploymont,  in  un 
elcelric-spoaking  magneto  transmitter  and  rocoivor.  of  a  pormauent 
magnet  to  magnetize  tho  coros  in  plaeo  of  a  battery  and  ourront  to 
>  8  t  otic  II  tloi  lc  c  I  el  i  turns  of  tho  Instrument 
aro  tho  olastic  induetivo  plate  supported  at  its  oilgos  mid  free  at  its 
contro.  Tho  issuo  describes  and  requires  tho  uso  of  this  dovioo,  botli 
in  tho  trnnsmiltoi  and  tho  rocoivor,  because,  by  its  express  terms, 
Hie  instrument  is  to  lie  ono  whioh  is  to  bo  onpnblo  of  responding 
either  to  sonorous  vibrations  traversing  tho  atmosphere,  or  to  tho 
electrical  undulations  passing  through  tho  helices.  It  is  virtually 
tho  contrivance  roforrod  to  in  tho  eighth  olaiin  of  Mr.  Boll’s 
second  patent. 

Mr.  Gray  is  not  a  party  to  tiiis  issuo  ;  by  tho  oxpress  terms  of  the 
declaration  it  is  bolwcou  Dolboar  nnd  Boll. 


Now,  Bell's  first  conooption  of  his  instrument  in  1874  cmbrncos 
the  u.;0  of  n  porinnnont  nmgnot.  Later  ho  again  room-rod  to  it. 
July  2,  1876,  ho  writes,  "I  um’suro  Unit  l>y  suhstituling  n  pornin- 
nont  magnet  for  tho  elootro-mugnot,  I  cun  work  it  without  n  huttory 
nt  nil”  (p.  109,  supra).  Ho  immediately  cnusod  a  porinnnont 
steel  magnot  to  ho  mado  for  this  purpose,  of  a  sizo  and  shupo  to  fit 
his  existing  Contonnial  telephones,  and  it  was  dulivorod  to  him  hy 
tho  manufaoturor  July  IS,  1876.  I-Io  usod  it  nt  onoo,  and  tho  mag¬ 
net  was  produced  and  its  date  fixod  hy  tho  hooks  (p.  189,  supra). 

Boforo  November  12  ho  had  actually  carried  on  a  conversation 
hotwoon  Boston  and  Cambridge  without  a  battory.  Working  in¬ 
struments  of  this  kind  of  a  finished  churautor  woro  constructed,  and 
pormanont  mngnols  plaood  in  them  about  tho  middlo  of  November, 
1876.  Tho  spooifiention  for  tho  English  patent  was  filed  in  London, 
Dccombor  9,  and  thuroforo  necessarily  sent  thore  about  tho  middlo 
of  Novombor,  describes  and  claims  this  fenturo.  One  of  thoso  in¬ 
struments,  providod  with  a  pormanont  magnot  hy  tho  middlo  of 
Novombor,  1876,  constitutes  tho  modol  for  this  application  (pp. 
109,  110,  supra). 

Mr.  Dolbear’s  first  conception  of  tho  employment  of  a  permanent 
magnot  was  on  tho  20th  of  September,  1876,  whon  ho  made  a  memo¬ 
randum  t  but  this  instru-nont  novor  was  constructed  ;  it  was  begun, 
and  drnppod  unfinished.  IIo  hogan  tho  construction  of  his  first 
telephone,  which  hnd  this  in  it,  ho  says,  nftor  Christmas,  1876,  and 
ho  completed  it  tho  last  of  January  or  tho  first  of  February,  1877. 
Thus  his  first  conception  of  it  was  after  Mr.  Bell  had  actually  mado 
and  usod  his  magnet  of  July,  1876  ;  his  first  construction  was  bogun 
after  Mr.  Boll  had  completed  and  omployod  commercially  porfeot 
,vorl  t  th  this  feature  and  described  and  olnimod  it  in 

his  English  specification,  and  was  preparing  his  United  States  speci¬ 
fication.  Mr.  Doihenr  did  not  comploto  his  instrument  till  nftor  Mr. 
Boll’s  patent  had  issued. 

It  must  not  bo  forgotten,  also,  in  considering  Mr.  Dolbcnr’s  claims, 
that  ho  was  guilty  of  tho  utmost  laches  in  presenting  himself  nt  tho 
Ollico,  and  that  ho  lias  exhibited  himself  in  a  light  vory  unfavorable 
for  his  crodit  to  tho  consideration  of  any  protouco  or  claim  on  his 
pnrt.  (Soo  his  oaso,  pages  162-168,  supra.) 

•'*'0  is  ono  io  II  I  ■!  it  n  to  tl  s  issue,  which  introduces  a 
narrow  moaning  to  it,  and  that  is,  that  tho  instrument  to  inoet 
mo  must  have,  not  only  tho  fenturo  of  a  pormanont  magnot  and 
ihragm  supported  at  tho  odgos,  but  must  omploy  a  magnot 
wo  polos  lacing  the  diaphragm  — that  is,  a  horsoshoo  magnet— 
liuot  from  a  singlo  polo  or  bat-  magnet,  and  that  this  horsoshoo 
it  must  have  at  its  two  on  Is  two  iron  or  stool  cores.  If  this 
true  meaning  of  tho  intorfuronoo,  it  does  not  really  moot  tho 
vorsy  between  tho  pnrtios,  for,  if  it  ho  limitod  to  tho  spooial 
a  horsoshoo  magnot,  us  distinguished  from  a  bar  magnot,  >t 
ouches  ono  of  tho  two  forms  shown  as  equivalents  in  tho  appli- 
of  Dolbonr  and  the  patent  of  Bull,  and  it  only  touohos  that 
vliioli,  in  practice,  1ms  been  found  the  least  convenient  an  1  usa- 
Nor  does  it  touch  that  form  in  its  most  dosirablo  condition, 
lorumnont  magnet  must  necossarily  bo  of  stool  in  order  to 
its  magnetism.  Mr.  Boll  points  out  that  instoad  of  winding 
“round  a  pioco  of  stool,  it  is  advantageous  to  mount  what  ho 
polo  pieces,  or  small  cores  of  soft  iron  nt  tho  ends  or  oud 
i  magnot,  and  wind  tho  coil  around  that  soft  iron  ond  pieco. 
[icoial  advantago  of  that  is,  that  while  the  soft  iron  is  highly 
•'tized  by  tho  steel  magnet  to  which  it  is  nttnohod,  yot  it  will 
o  its  mngnelio  condition  vory  much  more  readily  and  quickly 
pieco  of  steel  of  tho  sumo  sizo  would ;  and  ono  of  the  special 
tages  of  Mr.  Boll’s  apparatus  shown  in  his  patent  consists  in 


controversy  between  the  parties.  If  it  turned  on  this  alone,  Mr.  Dol- 
be.u  could  not  prevail.  Ilis  sketch  of  Sept.  20  shows  the  simple  bar 
“  i  f  '  r”1 5  1th.'!t  is>  >"■  -ntomndum  states  it  is  to  be  a  crmn- 
m"S"0t.(VoK  V-  4'15)'  part  surrounded  by  the  helix  is 
of  t  o  same  .mo  as  the  rest  of  it,  and  is  not  a  separate  Core  mounted 
m  It.  Upon  a  narrow  construction  this  would  not  meet  the  issue. 

I  re  is  no  evidence  at  all  in  Mr.  Dolbcur’s  deposition  when  he  had  the 

ftr  n.  !♦“  "7  ‘  1,0l0S’  °r  USi"S  'l  ll0l'S0a,10°  ",noll0t>  except  so 

,  as  it  may  be  gathered  from  his  actual  construction,  mid  that  con- 
!  t  ie  ion  a  wo  liavo  soon,  was  liogiiu  aftor  Christmas,  1870  (p.  107, 
J  5  tll".t  is’  l0,,«?  "fter  Mr.  Hell’s  conception  and  statement  ' 
of  it,  piovod  at  least  by  his  English  specification,  prepared  in  this 
country  in  October  or  November,  and  Hied  hi  England  the  0th  of 
December;  and  Mr.  Dolboar  did  not  actually  complete  this  instru- 
lent  until  after  Mr.  Bell's  patent  was  issued  (p.  107,  supra).  Boll’s 
instrument  of  July  15,  1870,  had  a  double-pole  horseshoe  perm.,- 
neat  stool  magnet. 

In  ll.o  next  place  this  instrument,  produced  by  Mr  Dolboar  ns 
made  February,  1877,  docs  not  have  two  cores  separately  made 
and  mounted  upon  the  opposite  poles  of  a  permanent  magnet.  It 
m  a  permanent  steel magnet,  with  spools  over  the  ends  of  it,  and 

BollVor'lv  |f"r  ^  11,0  "dv"ntl'soous  ruaults  which  Mr. 

Bell  derived  from  the  small  soft  iron  core  mounted  on  the  end  of 
the  permanent  magnet.  Mr.  Dolhoar’s  application  says,  that  ho 
prefers  to  use  the  e  upend  horseshoe  .  g  ot  ]0  ,  of  plates, 

drivings!'0  8C,'°  °r  f,,8t°110d  int°  0H0  8nd  0f  il’  118  ■■>»"'>  in  his 

Ho  was  asked  when  he  made  thi  i  e  t  1  I  I0  s  ljoct 

Of  the  second  claim  (issue  2  of  J),  „„d  ho  said  (p.  452)  :  _ 

n  o'  t  l ' r  t ' 1 1  *  i  K  '  I’  ')ole.s,i11  oombinations  with  per- 
of  telephony,  p*  tabjt  ^ 

licensed  H  1)llto,lt  w‘>s  Seated,  and  after  Bell  had  puh- 

e  L  V'  'U,n01llSat  hiS  Sa,0W  '™tul'0’  «'<¥  bill  oi 

dosuibed  ill  the  papers,  and  Dolboar  had  seen  thorn. 

BonP°n  th'S  C°"3,1'Uution  of  tl10  of  course,  priority  rests  with 

AVo  think  that  the  issue  should  bo  construed  to  cover  broadly  the 
uso  of  the  permanent  inagnot  instead  of  the  simple  electro-magnet 
and  niagnetiiiiiig  ourront.  If  so,  priority  should  bo  awardod  to  Boll, 
the  patentee,  bocuuso  ho  actually  constructed  and  used  the  instru¬ 
ment  ill  July,  whereas  Dolboar  did  not  concoivo  of  it  until  Septem¬ 
ber,  mid  did  not  uso  it  until  aftor  tlio  grant  of  Boll’s  patont. 

If  it  bo  Iimitod  to  the  uso  of  a  magnet  provided  witli  spoeial  cores, 
priority  should  bo  awardod  to  Boll,  because  Dolboar  neither  made 
nor  conceived  of  this  structure  until  aftor  tlio  grant  of  Boll’s  patent. 

Every  ono  knows  tho  great  uso  of  tlio  mugnot  receiver  correspond¬ 
ing  to  this  issue  and  first  introduced  into  public  uso  by  Mr.  Bell.  For 
a  long  time  thoso  instruments  woro  the  only  transmitters  omployod, 
whilo  now  there  nro  25,000  mngnoto  instruments  used  as  transmitters 
in  tho  United  States  (Watson,  cross-ans.  C7,  p.  720,  vol.  Hi.).  It  is 
well  known  that  in  Germany  nearly  all  tho  transmitters  in  uso  uro 
magneto  instruments. 


This  intorfcronco  is  ns  follows :  — 

"Tlio  combination  with  an  nleotro-magnot  of  an  iron  or  stool  dia¬ 
phragm  secured  to  a  resonant  enso  for  rendering  nudiblo  [acoustic] 
vibrations.  [Edison’s  first  claim.]  This  is  substantially  embraced 
in  Bell’s  third  claim  and  Dolbear’s  throe  claims,  and  described  in 
application  of  Gray.” 

Tlio  parties  arc  :  — 

Boll,  patont  188,787,  March  7,  1878. 

Dolboar,  application  Oct.  31,  1877. 

Gray,  application  No.  3,  Oct.  29,  1877. 

Edison,  application  No.  148,  Deo.  24,  1877. 

It  is  impossible,  by  any  of  tho  ordinary  rules  of  construction,  to 
assign  to  this  issuo  any  meaning  which  raisos  an  interference  between 
thoso  sovoral  parties  on  these  applications  and  patent.  It  rolntos 
to  a  combination  which  contains  an  electro-magnet-  mi  iron  din- 
lihrasm  and  a  "  rosonant  case.”  to  which  tho  dianhraam  is  attached. 

tiully  ns  set  forth."  That  application  1ms  nothing  wlmtuvor  to 
with  tho  trnnsinission  of  speocli.  Its  doclnrod  object  is  doserihot 
ho  it  Imrnvmic  multiple  tclogrnph,  worked  by  ordinary  Morse  ke 
shown  in  tho  drawing  ns  II  and  IC.  Tho  specification  tlioii  states  I 
tlio  invention  rolntos  especially  to  an  nppnrntus  which  prodi 
sound  nt  a  distant  station,  and  "soparatos  oaoli  sorios  of  waves  sc 
to  render  them  audible  only  in  tlmt  instrument  with  which  tlioy 
in  unison”!  in  other  words,  the  invention  rolntos  especially 
an  unnlyiiing  rocoivor.  This,  as  we  well  know,  is  of  utility,  and 
fact,  almost  of  necessity,  in  nil  harmonic  multiplo  toiograph,  but 
fatal  to  any  attempt  to  transmit  nrtiouinto  spoooii  ( v .  pp.  55,  1 
209,  supra).  Tho  analyzers  of  this  specification  nro  contrivm 
shown  in  Fig.  2  of  the  drawing.  Tlioy  consist  of  dinphr.if 
mounted  on  tho  ends  of  Helmholtz  toloscopio  analyzing  rosonati 
which  tho  specification  stylos  "  resonating  tubes.”  Tho  opouillcnl 
then  stales  that  tho  object  of  tlioso  tubes  is  to  givo  a  particular  t 
to  tho  included  column  of  air,  so  that  ono  will  respond  nndihlj 
vibrations  of  ono  pitch  only  mid  will  extinguish  all  others ;  and  t 
tho  other  will  respond  audibly  to  vibrations  of  a  different  pit 
and  will  extinguish  all  oxcopt  tlmt.  When,  therefore,  tho  eh 
specifies  as  one  of  its  olomonts  "a  resonant  case,  substantially  as 
forth,”  it  moans  a  ensoso  constructed  and  arrangod  tlmt  tho  pooul 
slmpo  givon  to  its  nir  spaco  acts  ns  an  analyzer,  as  doscrihod  in 
statement  of  invention  and  in  tho  body  of  tho  specification. 

This  is  tho  accepted  meaning  of  tho  phrase.  "Knight’s  Meehan 
Dictionary,”  tone  Reson'atou,  says  that  by  its  employment 

"Tones  abovo  or  below  tho  pilcli  of  tho  resonator  will  bo 
imperfectly  hoard ;  but  it  a  noto  bo  sounded  correspondiii-  to 
peculiar  noto  of  tho  resonator  it  will  appear  greatly  intensified.” 

Now  Mr.  Boll’s  patent  180,787  shows  in  front  of  tho  diaphrag 
and  intorvoninsr  hotwoon  that  nnd  tho  listoiior.  an  air  snauo  win 

ity,  amplifying  none,  extinguishing  nono.  It  would  bo,  of  couri 
a  more  trick  of  language  to  institute  an  interference  botwoon  t 
device,  oallod  by  Mr.  Edison  a  "  resonant  case,"  for  tho  purpose 
analyzing  or  destroying  sounds,  and  a  clovieo  called  by  Mr.  Boll 
sound  box,  or  sound  chamber,  nnd  so  contrived  as  to  prevent  in 
analysis  or  destruction  of  sounds. 

Mr.  Gray  shows  a  sound  box,  it  is  true,  but  it  is  one  which  dm 
not  Imvo  tho  peculiar  olomonts  mid  advantages  of  Mr.  Edison’s  f 
the  purpose  of  analyzing,  nor  of  .tho  peculiar  elements  and  ndvai 
tngos  of  Mr.  Boll’s  for  tho  purpose  of  preserving  tho  intricate  nt 
peculiar  mid  special  qualities  of  all  sounds. 

Finally,  Mr.  Dolboar  1ms  nothing  at  all  which  can  answer  to  tl 
phrase  ”  resonant  caso.”  IIo  mado  a  liolo  in  a  pieco  of  board  m 
fastened  ids  diaphragm  to  ono  sido  of  it,  and  said  a  hood  might  I 
attached  to  ciidoso  tho  speaker’s  mouth  or  listener’s  oar.  No  oi 
can  protend  tlmt  tho  aperture  was  oporativo  in  any  sense  to  nft’e 
tlio  clinructor  of  tho  sound. 

The  loarnod  examiner  who  declared  this  intcrforonco  said  tlmt  tl 
subject  matter  of  interforonco  was  substantially  shown  in  Mr.  Boll 
third  claim  and  in  Mr.  Dolboar’s  third  claim.  Mr.  Boll’s  third  olai 
indicates  an  iron  diaphragm  supported  by  its  odgos,  without  rogar 
to  tlio  olmrnotor  of  tlio  oaso  nr  air  spaco  connected  witli  it,  aUhmij 
his  drawing  and  ins  description  show  nnd  olsowhoro  ho  claims  tl: 
peculiar  air  spaco  invented  by  him.  Mr.  Dnlboar’s  third  claim 
dourly  also  for  tlio  iron  diaphragm  nlouo,  rigidly  supported  at  il 
odgos  anil  froo  at  its  contra,  without  regard  to  tlio  form  of  tlio  ai 
spaco  obtained  by  any  poouiinr  slmpo  of  caso. 

Mr.  Gray’s  application  is  to  tlio  sumo  offoct,  and  if  tlioso  wore  a 
tlio  parties,  llioro  would  bo  no  difficulty  in  determining  that  this  ii 
torforonco  covered  tlmt  improvement  in  spanking  tolophouos  wide 
consists  in  tlio  employment  of  mi  iron  diaphragm  instead  of  tho  men: 
brano  diaphragm  and  attochod  armature  of  Fig.  7  of  Boll’s  tin 
patent.  But  whon  wo  como  to  Mr.  Edison’s  148,  wo  find  Hint  tin 
is  not  mi  application  for  a  speaking  telephones  that  tlio  receivi 
there  shown  is  totally  unlit  for  a  speaking  tolopliono  rocoivor,  an 

multiple)  telegraph,  mid  this  special  Couture  is  llio  "resonant  caso ’* 
expressly  mentionoil  in  his  claim  ami  in  tho  issuo. 

It  may  also  ho  remarked  in  tins  connection  that  Mr.  Edison  is 
tho  only  person  who  shows  an  analyzing  resonator  to  attach  tho 
diaphragm  to,  whilo  Sir.  Boll  is  tho  only  person  who  shows  tho 
sliapo  of  the  air  space  specially  intomlod  and  adapted  to  seetiro  tho 
unchanged  transmission  of  sound  waves,  namely,  tho  thin  air  spauo 
now  universally  used  all  ovor  tho  world  lor  this  purposo. 

Sir.  Gray  iutimatos  that  tho  wash-basin  was  a  resonant  caso.  It 
cannot  ho  protended  that  tlioro  is  anything  in  this  form  to  anticipate 
oithor  tho  analyzer  of  Edison  or  tho  thin  closed  air  spaco  of  Boll. 

.Mr.  Gray  also  says  that  tho  instrument  shown  onp.  419  moots  tho 
issuo.  It  does  not  lmvo  a  diaphragm,  hut  a  strainud  and  fnirly  well 
tuned  strip  of  stool,  not  attached  to  tho  "resonant  caso.”  Tho 
resonator  is  an  ordinary  glass  Holmholtz  analyzer.  This  has  no 
hearing  on  Sir.  Boll’s  device,  nor  on  anything  used  in  a  speaking 
tolophono.  What  Inuring  it  may  lmvo  on  Sir.  Edison’s  analyzing 
resonators  wo  do  not  enro  to  inquire. 

So  far  as  any  interference  exists  with  anything  heroin  roforrod  to 
mid  shown  in  Bell’s  patent,  priority  should  bo  awarded  to  him. 


First.  "Tho  combination  in  an  acoustic  tolologrnph  of  an  electro¬ 
magnet,  and  a  polarized  armature  formed  of  a  plato  of  iron,  stool,  or 
other  material  capable  of  induetivo  action,  and  a  resonant  tulm  nr 

tulio  or  casu,  retorrod  to  in  tho  preceding  issuo.  J.  The  learned 
examiner  who  declared  tlioso  issues  did  not  understand  tho  moaning  ol 
tho  word  "resonant,”  and  that  is  still  moro  clear  in  this  interference. 
Those  two  issues  involve  Mr.  Boll’s  first  patent  and  Mr.  Edison’s 
application  145 ;  noithor  of  theso  have  tho  spooializod  sliapo  of  a 
Helmholtz  analyzer,  nor  tho  specialized  sliapo  of  Mr.  Boll's  thin 
air  spaco  of  his  second  putout.  Mr.  Boll's  patent  shows  simply  an 
ordinary  listening  tabu.  Tho  only  functions  that  it  serves  aro  to  form 
a  support  to  tho  diaphragm  and  to  convoy  tho  sound  to  tho  oar  undis¬ 
turbed  by  outside  vibrations ;  neither  of  tlioso  functions  aro  described 
by  tho  term  ”  rosonant.”  It  inujt  bo  taken,  thoroforo,  that  "resonant 
tulio,  or  caso,’’  moans,  under  this  issuo,  as  uiidor  the  preceding  0110 
in  which  Oolhoar's  application  in  concerned,  uiiy  kind  of  a  ring  or 
frame  for  supporting  tho  diaphragm. 

It  is  clour  that  tho  matter  of  this  first  issuo  duos  not  relate  to  tho 
devices  shown  in  Fig.  5  of  Mr.  Boll  s  patent,  bocimso  that  figuro  con¬ 
tains  nothing  in  tho  nature  of  a  resonant  tube  or  tubes  or  supporting 
frame  of  any  kind ;  it  must  refer  tu  a  contrivance  substantially  like 
that  shown  in  Fig.  7,  which  consists  of  a  diaphragm  and  attached  arm¬ 
ature  mounted  on  a  caso  or  framo.  Tho  particular  foaturo  oovered 
'  by  this  issuo  consists  in  polarizing  or  magnetizing  tho  armaturo,  so 
that  of  itself  it  is  a  magnet.  This  is  done  in  Mr.  Bull’s  uaso  by  at¬ 
taching  ono  end  of  the  armaturo  to  ono  lug  of  a  horseshuo  magnet, 
tho  magnetism  ol  which  is  imparted  to  tho  armaturo  by  induction, 
so  that  tho  armaturo  itsolf  becomes  magnetic.  In  Mr.  Gray’s  nppli- 

uolic  armature  lins  its  snnsitivuiioss  inoronsod  by  boiug  polarized.  Ua 
pormanont  polarity  is  not  sensibly  affected  by  the  opomtion  of  tho 
instrument.  Now,  tho  north  polo  of  u  magnot  will  attract  «  8(mtU 
polo  nnd  will  ropol  a  north  polo.  If,  thorororo,  tiio  free  end  of  n 
magnetizod  nrmulnro,  so  magnetized  ns  to  present  tho  south  polo,  ho 
placed  opposito  an  elootro-nmgnot,  nnd  n  onrront  bo  sont  through 
that  electro-, nngnet  in  suol>  n  direction  that  its  end  becomes  tho 
north  polo,  it  will  nltrnot  tho  armature.  If  tho  currant  ho  rovorsed 
in  tho  cloctro-inagnot,  its  ond  liocmnos  n  south  polo,  nnd  it  will  ropol 
tho  sumo  mugnolizod  urmutnro,  whoreus  it  would  still  nltrnct  n 
iciitrnl  or  unmngnotizod  nrmnturo.  It  lias  also  sometimes  boon  con- 
ndorod  that  an  nrmnturo  mugnolizod  so  ns  to  prosont  its  south  polo  ....  olcctro-miignot,  tho  ouirout  of  which  mnkos  its  o"d  a 
lorth  polo,  is  more  violently  tt.  etc  1  II  t  .  o  .1.  1  o  ninna-no- 
izod  nrmnturo  would  l.o.  This,  abstractly,  would  bo  truo,°b„t 
hoso  contrivunces  introduce  so  many  other  olomonts  that  this  o  del  1  1  s  not  boon  found  to  add  practically  to  tho 
"rong'h  °f  tl‘o  nppurutus.  Tho  Vurloy  patent  (Dowd  caso,  vol.  ii. 
).  552)  exhibits  in  one  form  of  rccoivor  a  magnetized  harmonium 
onguo,  or  rood,  worked  by  rovorsod  currents,  tiio  reversals  of  which 
ro  obtained  by  tiio  employmont  of  an  induction  coil  combined  with 
i  cirouit-bronking  transmitter.  Wo  do  not  consider  that  tills  antici- 
.ales  tho  matter  sot  forth  in  issue  as  wo  construe  .it,  but  it 
orves  to  show  that  it  must  ho  limited  to  tho  kind  of  instrument 
.own  in  lug.  7  of  Mr.  Bell’s  patent.  Polarizing  tho  nrmnturo, 
lien,  is  old  of  itself.  ’ 

uuupiuuon  ot  somo  ot  tlioso  uillcront  principles  to  tiio  purticuhi 
uses  sot  forth. 

Mr.  Boll  did,  in  faot,  select  for  his  purposo,  in  his  first  patent, 
magnet  which  was  well  known  in  tiio  art.  Soo  his  letter  of  July  7 
1875,  which  describes  it  ( Dowd  Record,  vol.  i.  p.  481) .  IIo  solectoi 
this  form  on  nccouut  of  its  strength.  Mr.  IHdison,  on  tho  otlior  hand 
iiiOii.itoJ  tho  free  ond  of  his  nrmnturo  between  two  polos  of  a  horse 
shoo  magnet,  exactly  as  in  tiio  Siomons  relay,  so  that  tho  tongiu 
might  ho  drawn  alternately  to  ono  sido  or  tho  other  as  often  ns  tin 
currents  wore  rovorosd.  Mr.  Gray’s  dovico  is  ossonlially  tiio  stum 
ns  that  of  Mr.  Boll.  Thu  magnot  omployod  by  Gray  is  essentially 
a  horsoshoo  magnot.  Soo  sheet  No.  1  of  Ids  application  (vol.  iii 
p.  333).  Ono  polo  of  it  is  tiio  end  of  tiio  core  C,  opposito  tiio  ceil 
tro  .,f  tl.o  pinto.  Iho  magnot  thou  oxtonds  down  through  tilt 
handle  A,  which  forms  part  of  it,  up  through  tho  piueo  of  metal  D, 
and  torininatos  in  a  ring  e,  which  connocts  with  tiio  diaphragm,  and 
thus  a  horseshoe  magnot  is  formed,  ono  polo  of  which  is  tho  eon 
of  tiio  olootro-magnot  C,  tho  other  polo  of  which  is  tho  diaphragu 
in  front  of  it.  This  is  not  a  pormniiont  magnet,  but  it  is  kept  polar* 
izod  by  a  battery  currant  passing  through  a  coil  which  surrounds 
tho  core.  Mr.  Goodridgo  says  that  an  matin  meat  like  lliat  shown  ii 
application  No.  4  was  first  niado  and  used  in  tiio  fall  or  winter  o 
1877  (vol.  iii.  p.  371)  ;  this  was  two  mouths  after  tho  grant  of  Boll’: 
patent.  Gray’s  application  was  filed  Jan.  17, 1878.  Ilis  first  instru. 
meat  which  lie  preloads  can  possibly  moot  tiio  issuo  was  tiio  woodei 
sounding-box  magnet  rocoivor,  which  ho  says  was  made  and  used  it 
Docomhor,  1874  (Goodridgo,  mis.  GO,  p.  370).  That  wooden 



Wo  shall  soo  presently,  that  even  if  tho  eharautor  of  Hint  work  was 
sulliciont,  it  would  not  ovorcoino  Mr.  B  til’s  dates,  Tho  Ollioo,  how- 
ovor,  has  dooidod  that  tho  early  work  Gray  refers  to  is  not  siillbiont ; 
tho  form  of  instrument  shown  hy  it  was  patented  to  him  hy  his 
patent  178,071,  granted  April  11,  187G,  on  an  application  lilod 
Jan.  8,  187G.  It  will  ho  observed  that  this  patent  is  later  than  Mr. 
Bell's;  that  tho  application  for  it  was  pending  at  the  same  time  that 
his  was  ponding,  and  that  noithor  at  that  timo  nor  at  the  present  did 
the  examiner  find  that  tho  instruments  presented  such  points  of  sim¬ 
ilarity  as  to  givo  riso  to  an  interference  witli  that  patent.  And  if 
tins  is  true  of  tiio  wooden  souudiiig-box  magnet  rcoeivor,  it  is  still 
more  true  of  anything  which  could  have  preceded  it  ill  Mr.  Gray’s 
Work.  Nor  is  there  any  chain  of  diligonco  to  conlioct  his  experi¬ 
ments  of  1874  with  an  instrument  first  made  in  Deeumbor,  1877,  and 
on  which  tho  patent  was  applied  for  in  January,  1878. 

Another  answer  to  any  altompt  on  tho  part  of  Mr.  Gray  to  anto- 
dato  this  feature  in  a  speaking  telepono  is  found  in  his  caveat. 
When,  in  February,  1876,  ho  undertook  to  descriho  the  utmost  of 
bis  knowledge  on  the  subject,  lie  did  not  show  tho  polarized  nrma- 
turo.  IIo  nover  attempted  to  construct  an  instrument  of  this  kind 
for  tiio  speaking  telephone  until  twenty  mouths  after  the  grant  of 
Air.  Bell's  patent.  (Soo  Gondt'idgo,  mis.  GO,  p.  370.)  Thu  inven¬ 
tion  consists,  not  in  tho  dovieo  of  polarizing  an  armature  generally, 
but  in  tiio  employment  ol  this  well-known  contrivmieu  in  a  speaking 
lolepliono.  and  its  adaptation  to  that  tiso.  Wliou,  llioroforo,  it  ap¬ 
pears  Unit  Mr.  Gray  described  tiio  host  instrument  ho  had  conceivod 
of  for  speech  oil  tiio  samo  day  that  Mr.  Boll’s  application  was  lilod, 
and  did  not  refer  to  this,  and  novur  attempted  to  make  a  spoakiug- 
tclephone  instrument  which  iiicludod  it  until  Mr.  Bell's  patent  was 
nearly  two  years  old,  it  is  certain  lliat  all  that  ho  did  beforo  about  it 
must  bo  ranked  among  abandoned  experiments. 

Ellison’s  Casa.  —  Edison  does  not  pretend  to  anything  on  this 
subject  until  after  the  time  wliou  lie  took  up  tho  suliject  of  a  hnr- 
monic  multiple  telegraph  in  July  or  August,  1875.  Mr.  Bell’s  in¬ 
struments  were  made  and  used  beforo  Unit. 

Mr.  Hells  dato  goes  back  very  far;  tiio  apparatus  which  lie 
described  to  Dr.  Clnronco  J.  Blako  in  October,  1874,  consisted  of  a 

permanent  mngnol  carrying  tiio  core  on  ono  limb  and  tiio  reed  arina- 
tmo  on  tho  other. 

Tiio  speaking  instrument  that  lie  described  to  Dr.  Blako  (soo 
Boll’s  deposition,  Dowd  caso,  vol.  i.  pp.  451-453)  proposed  to 
replace  tho  multiplicity  of  the  roods  by  a  diaphragm  currying  mi 
electrode,  and  this  was  tiio  instrument  subsequently  uiudo  in  Juno, 
1875.  lie  may  carry  back  his  dato  of  conception  on  this,  there¬ 
fore,  to  tho  disclosure  ho  miulo  to  Dr.  Blako.  If,  liowovor,  tho  issuo 
were  held  to  includo  any  polarized  reed,  ns  distinguished  from  an 
armature  moiiutod  on.  or  forming  part  of,  a  diaphragm,  a  construc¬ 
tion  which  wo  think  would  not  exhibit  anything  patonlablo  in  viow 
of  the  stato  of  tiio  art,  Air.  Boll’s  conception  goes  back  much  fur¬ 
ther.  His  express  testimony  is.  that  ho  devised  an  ucoustio  toio- 
grapli  receiver  ot  that  character  tho  winter  of  1873-74.  IIo  says 
(Dowd  Hocord,  vol.  i.  p.  451)  :~ 

"  hit.  30.  Did  you,  during  tiio  your  1873,  or  1874,  doviso  a  re¬ 
ceiver  in  which  there  was  a  polarized  reed  and  an  electro-magnet? 
And  if  so,  describo  it,  and  statu  when  you  devised  it. 

A  ns.  In  the  ivintor  of  1873-74  I  devised  a  receiver  in  which  tiio 
roods  woro  to  be  polarized  by  being  attached  to  tho  polos  of  per¬ 
manent  mngnuts,  mid  tliuy  woro  to  lie  placod  opposito  tho  polos  of 
olectro-magnots.  My  motliod  was,  to  attach  one  rood  to  oaeli  polo 
of  a  poriuanoiit  horsushoo  magnet,  tho  Iroo  ond  of  oaeli  rood  pro¬ 
jecting  over  ono  polo  of  a  horseshoe  cloctro-mngnot.  Upon  tins 
plan  f  had  one  porumuenl  magnet  and  ono  electro-magnet  for  oaeli 
pair  of  reeds." 

Tho  instrument  used  ns  a  rocoivor  at  his  Contonninl  exhibition, 
Juno  25,  1870.  and  actually  handled  by  Mr.  Gray,  consisted  of  a 
tubular  magnet  and  eontral  coro.  In  tins  modilied  horsushoo  mag¬ 
net  tiio  upper  end  of  tiio  coro  forms  ono  polo,  and  tho  uppor  oilgo 
of  tiio  tube  forms  tiio  othor.  A  soft  iron  diaphragm  was  laid  on  tiio 
top  of  tho  tulio  and  thus  became  a  continuation  of  Hint  limb  of  tiio 
magnet,  tliu  ultimate  pole  ol  winch  now  became  tiio  ooutro  of 
tiio  disk.  Opposito  to  this  was  tho  ond  of  tiio  core  which  was 
necessarily  of  the  opposite  polarity,  since  tiio  whole  was  mngnotizud 
by  tho  single  coil  which  enclosed  the  coro  and  filled  tiio  tulio. 

Tiio  truo  answer  to  this  issuo,  liowovor,  seems  to  us  to  bo  that  it 
is  inlonded  to  bo  limitod,  and  by  the  stato  of  tho  art  must  bo  limitod 

embodying  the  invention  in  Juno,  1875.  Mr.  Edison  did  nothing  l 

on  the  subject  till  after  that.  Mr.  Gray  did  nothing  of  the  subject 
till  after  that :  his  first  instrument  that  really  meets  the  issno  is  tho 
ono  made  in  December,  1877,  and,  considering  tho  nature  of  tho  in¬ 
vention  and  tiio  declarations  made  in  tins  caveat,  it  is  impossible  to 
pretond  that  there  was  any  ohnin  of  diligonco  which  could  connect 
that  construction  of  Docombor,  1877,  with  any  earlier  conception,  if 
thoro  lmd  been  ono. 

Issue  2 — This  contains  tho  same  olomonl  as  tho  first  of  Interference 
L,  witii  tho  addition  that  midor  this  second  issno  tho  apparatus  is 
exposed  to  reversals  of  eurronl,  and  thus  tho  advantages  of  polar¬ 
ization  for  controlling  tho  direction  of  movement  which  nro  oxldhitod 
in  tho  well-known  Siomons  polarized  relay  nro  obtainod.  If  this 
issue  again  includes  tho  case  of  a  simple  longue,  it  is  thoroughly 
anticipated  by  tho  apparatus  described  in  tho  Varloy  patent  of  1870 
(near  tho  bottom  of  page  5U0,  vol.  ii.  Dowd  ease).  Thu  acoustic 
receiver  thoro  described  is  in  faot  Siomons'  relay  adaptod  for  acoustic 
purposes,  and  is  tho  same  as  that  shown  in  Edison’s  application. 

It  is  operated  by  reversed  currents  produced  by  placing  tho  iu- 
itrumont  in  tho  secondary  circuit  of  an  induction  coil,  tho  primary 
circuit  of  which  is  brokon  by  a  oirouit  broakor.  This  is  oxactly 
ho  arrangement  shown  m  Edison’s  application.  That  arrange-  • 

nont,  however,  is  entiroly  different  from  tho  ono  shown  in  Mr.  Doll’s 
latent,  wliioli  does  not  place  tho  froo  end  of  tho  tonguo  bolwoon  two 
ioIcs  of  a  iiorsoshoo  magnet,  does  not  avail  itsolf  of  tho  principle 
vhieh  causes  tho  Siemens  and  Varloy  and  Edison  instrument  to  . 
iporato,  and  does  not  employ  an  induction  coil.  Comparing  tiio 
Sdison  and  tho  Bell  apparatus,  it  is  clear  that  they  adopt  dill'oront 
ncchanisms  for  tho  purpose  of  employing  dill'oront  electrical  pi'in- 
iples.  It  therefore  is  not  in  tho  employment  of  this  principle 
hat  tho  interference  consists.  Wo  nro  not  able  however  to  discover, 
l  what  it  doos  consist,  but  wo  assumo  that  it  consists  in  something 
hown  in  Bell’s  patent.  M 

Dales  of  the  Parties.  —Thoro  is  nothin"  in  Mr.  Edison’s  work  III 

it.  1  ho  only  tiling  ho  refers  to  is  an  apparatus,  described  in  Good- 
ridge’s  fifty-ninth  answer,  p.  3(39,  and  again  referred  to  in  Ids  sixty- 
first  answer,  p.  370.  That  instrument,  hnwovor,  doos  not  work 
by  reversed  ourrents.  Thoro  was  no  reversal  at  all  of  tiio  current. 
It  is  true  that  upon  closing  the  circuit  thoro  is  what  is  known  as 
mi  cxiru  current,  which  is  in  a  direction  opposod  to  tho  main  currents, 
and  somowiiut  detracts  from  tho  effect  duo  to  and  intondod  to  lie 
obtained  by  tho  interruptions,  hut  tlioy  novor  rovorso  tho  current 
as  a  whole,  and,  instead  of  hoing  dosirnblc.  thoy  aro  injurious  ill 
practice.  Thoy  exhibit  an  electrical  phenomenon  which  is  annoying, 
and  to  lie  got  rid  id'  by  ovory  possible  means,  not  ono  which  tho 
instrument  is  adaptod  by  its  construction  to  utilizo.  Moreovor, 
even  Mr.  Goodridgo  says  that  ho  cannot  protoml  Unit  anything  dono 
us  stated  in  these  answers  could  muet  this  issue,  except  upon  tiio 
assumption  that  tiio  blacking-box  receiver  was  held  in  a  position 
entirely  different  from  that  stated  in  tho  patent,  to  wit.  by  raising 
ono  edgo  of  it  on  ono  polo  of  tho  magnet,  and  propping  tho  other  up 
by  interposing  a  picco  of  a  match  or  chip  of  wood  between  the  plato 
and  tho  other  spool.  Now,  if  you  have  this  state  of  facts,  that  in 
such  an  accidental  or  cxporimoutul  use  of  that  instrument  as  occa¬ 
sionally  occurred  a  piece  of  match  was  put  in  to  prop  up  a  part  of  it, 
nud  did  not  occur  at  nay  other  time,  and  that  three  months  nflor 
that,  Mr.  Gray  patented  that  instrument  and  did  not  refer  to  any 
such  propping  dovico,  but  ill  his  description  oxprossly  excluded  it, 
it  is  quilo  certain  that  all  ho  did,  by  any  construction  different 
from  that  shown'in  tho  patent,  must  pass  into  the  category  of  iiTwn- 
douod  experiments,  if  thoy  rose  ovon  to  tiio  dignity  of  experiments 
at  tile  outset. 

Mr.  Goodridgo,  in  his  sixty-second  answer,  intimates  that  tho  in¬ 
strument  Exhibit  Gray's  Glass  Hesonator,  shown  on  page  419,  would 
meut  tiio  issue.  It  does  not  in  any  way.  That  does  not  show  a 
polarized  armature.  Mr.  Goodridgo,  in  his  cross  examination,  pagos 
384,  385,  undertook  to  say  that  tho  strained  strip  of  stool  in  that  glass 

unshod  acceptation  ol  the  words,  this  residual  magnetism  "ouiu 
entitle  tlio  nrmaliiro  to  bo  called  a  polarized  iirmntiiro.  "Polar- 
armature"  is  a  phrase  expressly  and  distinctly  appropriated  to 
.■'■nature  which  is  permanently  magnetized  by  somo  means  otlici 
i  tile  mero  prosenoo  of  tlio  magnot  which  is  to  attract  it.  Ai: 
atiiro  so  polarized  is  shown  in  tlio  conflicting  application.  The 
s  resonator  does  not  involve  such  an  armaturo. 
either  contestant  lias  proved  a  construction  or  a  concoption  bo- 
tlio  construction  by  Mr.  Boll,  in  Juno,  1875,  of  instruments 
his  patont.  Neither  contestant  constructed  a  speaking  tele- 
no  with  this  fcntitro  until  the  middlo  or  latttor  part  of  1877, 
m  Mr.  Bell's  patent  was  eighteen  mouths  old. 

'riority  should  ho  awarded  to  Bell,  tlio  patentee. 

his  concludes  all  tlio  issues  in  which  Mr.  Boll  is  concerned. 

mo  comments  on  tlio  part  of  Irwin,  on  an  apparatus  of  Gray’s 
lin  to  ho  noticed. 

ir  reasons  which  are  not  vory  apparent,  Professor  Morton,  collet 
Irwin  mid  Voolkcr.  undertook  ill  Ins  deposition,  beginning  ol 
Pifl.  to  so  twist  and  norvort  the  moaiiiiur  of  tlio  word  "  I  I 

dnood  by  spoken  words  which  wont  into  tlio  instrument.  Hut 
ho  says  that  tho  current  going  through  that  in-triiniont  is  not  abso¬ 
lutely  chopped  off  sqnaro,  so  to  sponk,  when  tho  circuit  is  opened  or 
closed,  but  that  when  llio  contact  is  made  it  requires  somo  timo, 
excessively  short,  it  is  true,  to  reach  its  maximum,  and  when  tho 
circuit  is  broken  it  does  not  absolutely  and  instantaneously  stop,  but 
that,  according  to  tho  woll-kuown  laws  of  oleotrioily,  what  are 
called  oxtra  currents  aro  gouoratod  by  tho  stoppago  of  tho  flowing  of 
tho  current  itsolf,  and  this  slightly  modifies  tho  current  in  tho  wire, 
so  that  it  docs  not  absolutely  start  squaro  and  stop  squuro. 

IIo  attempts  to  show  this  by  some  linos  on  page  2(50  of  his  depo¬ 
sition.  But  ho  had  to  rotroat  from  tills  on  cross  examination.  On  pago 
278  he  said  in  terms  that  lie  had  not  found  in  any  of  Mr.  Gray’s 
transmitters  any  contrivance  by  which  tlio  articulate  curront  of  Mr. 
Boll  could  bo  produced.  IIo  said,  further,  that  it  was  not  possible 
to  produce  that  current  in  those  instruments.  In  his  ninetieth  an¬ 
swer  ho  said  that.tho  ofl'cot  of  theso  extra  currents  in  rounding  oil' was 
duo  to  the  sizo  and  character  of  tho  circuit,  tho  number  of  inaguots 
included  ill  it  and  its  other  physical  characteristics,  so  that  these  dis- 



is  nn  entirely  distinct'intorforonco  from  tlio  interferences  A  to 
Mr.  Boll  is  not  n  party  to ;  it  but  for  ronsons  stnteil  in  tlio 
,  vol.  iii.  p.  1,  the  cases  aro  set  for  the  hearing  at  tlio  same 
ho  sumo  volumes  of  record  apply  to  this  which  apply  to  inter* 
s  A  to  L. 

pring  forming  or  carrying  ono  oloctrodo  of  tlio  circuit  of  a 
no  and  constantly  pressing  against  the  other  electrode  and 
gm  to  maintain  the  required  initial  pressure  between  the  oloc- 
ntid  yield  to  tlio  movement  of  the  diaphragm."  (Blako’s 

interference  was  declared  Aug.  14,  1879. 
parties  aro :  — 

nas  A.  Edison,  application  No.  141,  July  20,  1877. 

cis  Blake,  application  May  10,  1879,  by  division  of  applica- 

Jnn.  3,  1879. 

II.  Irwin,  application  May  24,  1879. 
iain  L.  Voolkor,  application  Sept.  2(1,  1879. 
age  7(5,  supra,  wo  havo  described  the  articulating  microphono, 
implest  form  it  consists  of  a  vibratory  platu  capable  of  being 
by  the  voico  and  carrying  ono  oloctrodo  in  a  circuit.  In  con- 
ill  tills  is  another  electrode,  held  upon  a  support  wliiuh  is  so 
■pendent  of  the  diaphragm  that  this  second  electrode  siibstan- 

oxpurionces  greater  electrical  resistance,  and,  according  i 
law  (p.  S3,  supra),  it  is  correspondingly  onfeeblod.  In  thii 
vibratory  motion  of  the  diaphragm  taken  up  from  the  som 
serves  to  vary  tlio  resistance  of  tlio  circuit.  The  earliest 
microphone  provided  with  contact  points  is  shown  in  Mr.  1 
application,  referred  to  in  tlio  preceding  sot  of  intorforoncci 
form  tlio  hack  electrode  is  rigidly  supported  in  a  frame.  I 
oils  lliat  in  that  instrument  a  large  range  of  motion  in  tho  d 
will  make  it  part  contact  with  tho  back  oloctrodo,  and  thus  a 
destroy  the  capacity  of  tlio  instrument  for  articulate  speech 
is  woll  known  that  with  tlio  tigidly  supported  hack  oloe 
diaphragm  can  lie  so  constructed  and  arranged  that  under 
nary  influences  of  tho  voico  its  range  of  motion  will  ho  so 
to  vary  tlio  prossuro  without  breaking  contact,  and  tints  i 
an  instrument  can  servo  as  a  spenking-telophono  trn 
There  are  various  ways  of  arranging  tho  diaphragm  for  this 
in  C(  1  t  tl  gidly  held  oloctrodo,  which  noed  ut 
eons  dered,  bccauso  they  aro  not  involved  in  those  interfere 
Tins  was  tho  state  of  tlio  art  upon  which  tlio  invention 
in  tho  issue  arose,  and  upon  which  it  is  an  improvement, 
provemont  stated  in  this  issuo  consists  in  modifying  an  nr 
miiTophono  in  which  tlio  vibrations  of  tlio  plato  vary  tli 
prossuro  without  breaking  tlio  circuit,  by  carrying  tlio  back 
on  a  spring  which  shall  constantly  press  tlio  two  oloctrodos 
give  tile  desired  normal  prossuro  botwoon  tho  two,  yield  to  I 

with  tho  other  way  of  improving  tho  iiistrnmont,  to  wit,  preserving 
the  continuity  liy  mounting  tho  olootrodo  on  a  spring,  which  shall,  not 
merely  when  tho  instrument  is  at  rest,  but  constantly,  when  in  oper¬ 
ation,  press  the  two  electrodes  together  and  yield  to  the  movomont 
of  the  diaphragm. 

Thoro  is  onn  other  advantage  in  tho  spring-curried  olootrodo  when 
an  ordinary  thin  diaphragm  is  used,  and  that  is,  that  its  ability  to 
yield  will  prevent  it  from  intorforing  with  tho  ready  and  easy  vibra¬ 
tion  of  tho  diaphragm,  whilo  a  solid  nbiitmont,  against  which  tho 
diaphragm  struck,  would,  if  its  vibrations  had  much  range,  seriously 
impair  their  character. 

it  will  ho  observed  however  that  the  feature  of  this  issue  and 
tho  most  important  feature  of  this  issuo  is,  Unit  tho  spring  is  to  bo 
0110  which  "constantly  prossos”  tho  two  electrodes  togotltcr.  It 
is  therefore  not  mot  by  any  apparatus  which  docs  not  pososs  this 
constancy  of  contact. 

At  the  time  tho  invention  doscubod  in  tho  issuo  was  made,  it  was 
not  new  to  make  an  intermittent  contact  botwocn  a  vibrator  and  a 
stop  for  tho  purposo  of  passing  nil  01001110111  currant  through  them 
when  they  wore  in  contnol.  Vibrating  circuit  breakers,  which  havo 
been  known  twonty  years,  consist  in  a  rood  which  moves  to  and  fro 
nnd  at  ono  or  both  extremities  of  its  path’eomus  in  contnot  with  a 
fixed  point  nnd  establishes  tho  circuit.  Such  an  iiistrnmont  is  shown 
ns  tho  transmitter  in  Valleys  harmonic-telegraph  patent  of  1870 
(Dowd  Kocord,  vol.  ii.  pp.  552).  But  tho  contact  of  a  vibrating 
reed  with  a  solid  body  somewhat  interfered  with  tho  correctness  of 
its  vibration ;  it  is  practically  impossible  to  vibrato  a  rood  coiuin- 
uously,  so  that  each  excursion  shall  be  of  exactly  tho  samo  length, 
and  therefore,  sometimes,  it  will  strike  against  tho  point  liardor  than 
it  does  at  other  times  (Edison,  vol.  i.  p.  28). 

The  next  improvement,  thoroforo,  in  this  class  of  vibrating  reed 
circuit  closer  was  to  enrry  tho  contnot  point  on  a  yielding  spring,  so 
that  when  tho  blow  was  unusually  heavy  or  tho  excursions  unusually 
Inrco  tho  point  would  viold  to  tho  movement  of  tho  vibrator,  and 

after  issued  upon  tlioso  inventions  (v.  p.  152,  supra).  Tho  ltois 
tolcphono,  also,  in  its  various  forms,  exhibited  ono  electrode  which 
moved  to  and  fro  in  a  vibratory  manner,  and  at  tho  end  of  each 
vibration  came  in  contact  with  another  eloctrodo,  nnd  thus  alternately 
made  and  broke  tho  circuit.  In  this  instrument  Hew  carried  tho 
back  electrode  on  a  spring  nr  soma  kind  of  yielding  devieo  which 
took  the  place  of  a  spring.  Tho  first  form  used  by  him  and  shown 
in  fteeord,  vol.  iii.  p.  245,  carried  the  back  eloctrodo  on  a  strip  of 
metal,  which  was  yielding  bocauso  it  is  doseribod  as  a  "thin  strip  of 
metal.”  It,  however,  as  wo  lmvo  already  shown,  was  so  constructed 
and  arranged  that  it  necessarily  liroko  tho  circuit  tit  each  vibration. 

In  another  form  of  Rois,  shown  on  pago  251,  vol.  iii.,  tho  back 
electrode  was  allowed  to  move  freely,  but  returned  in  its  normal 
position  when  tho  instrument  was  at  rest,  by  gravity,  so  that  however 
much  it  might  bo  knocked  aside  it  would  return  to  its  propor  place, 
while  it  was  rnado  so  light  as  not  to  interfere  with  the  inovomonts  of 
the  diaphragm,  llns.  however,  ns  wo  have  already  shown,  is  a 
circuit  breaker.  In  tho  instrument  of  Hois,  figured  on  pngo  2111 
(tho  cono  form),  tho  connection  was  established  by  moans  of  a  very 
light  lover,  hold  to  its  normal  position  by  a  light  spring.  This 
again,  wlion  knocked  aside,  would  return  to  its  normal  position,  ns 
wo  Inivo  already  doseribod  in  considering  tho  Hois  instrument  (pp. 
75-96,  «it pm). 

Tho  distinction  between  Hint  and  tho  articulatin';  iiiicroiiliouo 

nsNts  i.i  n  noil-sensitive  oloctrodo,  maintained  in  contact  ivitli 
sensitive!  elect  mil#,  with  an  elastic  pressure,  whereby  said  iiim- 
asitivo  oleeli'odo  may  respond  to  the  vibrations  of  the  sonsilivo 
-cl rode,  with  variable  pressure  and  unbroken  contact." 

The  described  operation  is:  — 

p,lSsil.'"  l,ot'von"  t'>“  electrodes,  as  set  forth, 
til  bo  translormod  into  a  series  of  undulations,  without  intervenina 
3  “M’  |‘"ul  sal1l1  »ii-tioiiIiito  sound  waves  will  lie  thereby  enn- 
.)ou  to  and  reprod need  by  tlio  receiver.  Thu  structure  of  the  parts 
love  described  may  lie  greatly  varied  without  introducin'--  any 
tibmlvili"'  ,h°  l.,1.I,u'il,io  °l'  operation,  and  hence  any  instrument 
=  ,8wtfi^U,^dr,,du(mo..o  side,  and  elect  rode  in  contact 
ci emil/i,  n ith  an  elastic  pressure  capaldo  of  correspondin''  vihra- 

"  Havin'1'  d  «  °-f  T1  f01-l‘  Will.b“ 1111  0llll)"l|iuieut  of  my  invention. 

„  “e  described  my  invention,  what  I  claim  as  now  is  — 
m di  “ ‘nil  7  "#Hprl"K  lbnni:’S  "r  enreying  one  electrode  of  tlio 
S  Sn  o ,  SU  7'!  ICT"1*  7  the  °<her  electrode, 

n  1  ■  t  I  I  ‘  I  1  ce  V  1  ci^b-T1  •t1’  "'h<?hyl,l,U'U; 
toy  yield  to  the  ntoveinems^'tlmdii^;^  '8 

It  is  obvious  that  those  who  drew  and  presented  tiiis  application 
iderstood  that,  tlio  continual  pressure,  tlio  constant  contact,  and  tho 
i interrupted  current  were  tlio  essential  tilings,  both  in  the  issue  and 
r  the  production  of  speech.  This  their  application  alleged,  and  if 
oy  do  not  prove  this  they  do  not  prove  a  easo. 

Our  full  discussion  of  this  is  on  pp.  141-153,  supra. 

Vuoli  i  sol  i  s  tl  tho  made  this  invent  lei  lei 

Wo  have  to  consider,  then,  in  his  case,  tlio  character  of  his  ideas, 
tho  character  of  his  work  and  Ids  courso  of  conduct  siuco. 

Character  of  his  Ideas  and  Work.  —  lie  begins  ids  statement  of 
Ids  work  of  1870  by  saying  that  lie  had  observed  iiow  a  Morse 
key  liroko  tlio  circuit  oaoli  tune  it  was  depressed.  IIo  then  con¬ 
cluded  Hint  if  a  key  could  bo  inndo  to  opon  and  oloso  tlio  oircuit 
at  eaeli  vibration  prod  need  by  tho  voioo  itself,  tlio  voiuo  itself  would 
boconio  oporativo  to  produco  a  sound  at  a  distant  station.  (See 
his  testimony  quoted  on  p.  129,  supra .) 

It  was  for  Unit  purposo  and  to  carry  out  that  conception  that  ho 
miulo  tlio  instruments  and  did  tho  work  of  187 ti  (p.  129,  supra).  It 
is  perfectly  clear  that  that  conception  was  the  conception  of  a  Reis 
circuit  breaker,  and  that  ho  was  not  far  enough  ndvnncod,  oven  in 
tlio  knowledge  Of  tho  requisites  for  tho  transmission  of  spoocli  and  in 
tho  knowiodgo  of  what  constituted  ''  quality,”  to  know  that  such  an 
apparatus,  which  absolutely  liroko  tho  circuit  at  each  vibration,  was 
absolutely  incnpnblo  of  transmitting  speech,  although  it  might  produco 
some  sound  iindor  tlio  influonuo  of  spoken  words.  Now  from  tho  bo- 
giuing  to  tho  ond  of  his  deposition  ho  doos  not  intimate  in  any  way 
that  a  dillerent  conception  from  that  winch  ho  expressly  says  ho 
started  with  ever  onterod  into  his  mind. 

This  is  tlio  more  signilicaiit  because  lie  perfectly  undorstood  and 
clearly  sot  forth  in  lus  spool fient ion  tho  distinction  between  an 
instrument  winch  broko  the  circuit  at  oaeli  vibration  under  the  in- 
lluenco  of  tho  voice,  and  an  instriuiiout  which  varied  tho  contact 
pressure  without  ovor  breaking  tho  circuit  (pp.  127,  149,  supra), 
and  in  Ins  deposition  carolully  distinguishing  between  his  present 
knowledge  and  ins  fortuor  knowledge,  ho  nowhoro  asserts  that  lie 
over  in  187B  or  1877  conceived,  tho  idea  of  constant  contact,  which 
is  tho  basis  of  his  application.  Soo  for  this,  pp.  127-130,  151, 
supra.  IIo  lias  not,  thoroforo,  proved  that  ho  over  had  tlio  con¬ 
ception  which  is  tho  essential  basis  of  tlio  invention  in  controversy. 

Next,  his  work  was  investigated  in  1877  and  again  in  1878,  by 
skilled  counsel  and  exports  employed  for  that  purposo  by  tlio  owner 
of  liis  application,  Mr.  Irwin  (pp.  134-139,  supra)  j  and  Mr.  Irwin 
himself  was  a  man  of  scionlihu  attainments.  Mr.  Irwin  mado  this 

ii  tolophoncs,  ovory  ono  of  which  roslod  upon  tho  principle  of  tlio 
nicropliouo  wliieli  it  is  now  said  Voolkor  invented  ns  part  of  tlio 
mmo  work  in  which  ho  nmilo  Iho  spi'iug-oontnct  instruinont.  Tlio 
lonolnaion  thou  nrrivod  nt  l)y  Mr.  Irwin  and  Iiis  lonrnod  advisors 
ivns  Hint  Voolkor  hull  inado  n  Hois  trnnsinittor.  Tlioao  goutlomon 
enow  perfectly  well  Hint  tlio  Roia  trnnsinittor  wns  u  circuit  bronkor, 
loonuso  tho  very  dosnriplion  of  it  which  tiioy  road  for  tlio  purpose  of 
investigation  so  dosoribos  it,  mid  is  put  into  tlio  enso  (v.  p.  130, 

Mr.  Irwin  has  boon  culled  ns  a  witness,  hut  noithor  ho  nor  any  ono 
bIso  has  protondod  that  they  failed  to  understand  what  a  Itois  trims-, 
niittor  was,  or  that  they  failed  to  npprociato  ovorything  that  Voolkor 
had  dono  (p.  137,  supra).  It  is  perfectly  impossible,  tlieroforo,  for 
tho  Oillco  to  porinit  itsolf  nt  this  Into  day,  especially  under  the 
circumstances  presently  to  bo  referred  to,  to  arrive  at  any  dill'orent 
conclusion,  or  to  find  in  any  of  tho  depositions  of  tlioso  sumo  parties 
now  produced,  ovidenco  which  is  11s  porsunsivo  as  tho  judgniont  then 
dcliboratoly  formed  and  consistently  acted  upon. 

JSTo  operative  Instrument  ever  made  by  Voelker. — Tlio  description 
given  in  the  cvidonco  for  Voolkor,  of  tlio  results  producod,  tho 
manner  in  which  tlio  contact  parts  woro  arranged,  and  tho  oporntion 
of  his  only  spring  instruinont  A,  show  conclusively  that  ho  had 
never  mado,  did  not  know  how  to  inako,  an  apparatus  (p.  130, 
supra)  which  could  practically  transmit  nil  articulnto  sontonco.  IIo 
had  novor  transnnttod  a  singlo  articulnto  sontonco  by  any  instrument 
of  his  own  invention  up  to  tho  time  wlion  ho  filed  his  application, 
which  was  ton  months  after  Mr.  Blako’s  instrument  had  gone  into 
liraoticnl  uso.  and  when  tlioro  wero  ten  tiiousand  ol  them  in  tho 

vorsy  in  tho  sonso  of  tho  law,  ho  did  not  follow  it  up  with  any  dili- 
goncc,  and  it  did  not  rosult  in  an  oporativo  instruinont.  IIo  mado 
0110  spring  contact  instrument.  I10  says,  in  May,  1873.  It  was  "A,” 
a  model  of  tho  very  rudest  description.  IIo  novor  nttomplod  to  make 
another  spring  contact  until  ho  mado  ono  according  to  Mr.  Irwin's 
ideas  and  inventions,  about  December,  1877.  IIo  novor  mado  a 
socond  ono  according  to  his  own  ideas.  Tho  tostiniony  is  that  tho 
first  instruinont  (Exhibit  A)  was  usod  for  a  lbw-cxporimonts.  It 
thou  was  not  omployod  again  ovon  experimentally ;  was  packed  in  a 
trunk  with  a.lot  of  ollior  models  rotating  to  all  sorts  of  subjouts,  and 
remained  tlioro  until  August,  1879  (p.  137,  supra). 

Tho  instruinont  II,  which  is  not  at  all  Voolkor's  instruinont,  as  wo 
linvo  already  statod  (pp.  130,  151,  supra),  was  mado  about  Deecin- 
lior,  1877,  or  Jaiuiary,  1878 ;  probably  usud  two  or  tlireo  times, 
and,  so  far  as  their  ovidenco  can  bo  rolled  on,  brokon  up  and  tlio 
parts  eolloctod  and  put  together  for  Iho  purposo  of  being  used  ns 
cvidonco  in  tills  enso  (v.  pp.  138,  139,  supra).  Moreover,  that  instru¬ 
ment  was  not  a  reduction  to  practice  by  Voolkor.  It  is  truo  ho  was 
tlio  workman  who  mado  it,  but  I10  mado  it  as  embodying  Irwin’s 
ideas,  and  an  oxauliy  similar  instruinont  lias  boon  put  m  ovidouco 
by  Irwin,  as  ids  invention,  mado  nt  that  tuno  as  lus  embodiment  of 
his  own  nivontion.  Soo  a  consideration  of  tlioso,  pp.  130,  149, 
150,  supra. 

For  tho  dolay  botwoon  Ins  alleged  invention  and  his  appoaranoo  at 
tho  Oflieo,  or  tho  production  of  an  oporativo  instruinont,  no  oxcuso  is 
presontod.  Poverty  is  talked  of,  but  Irwin  was  always  roady  to 
supply  monoy  if  ho  could  Ibid  anything  in  tlio  work  which  wns 
novel  or  useful.  IIo  and  his  advisors  found  that  Voolkor  had  inoroly 

but  that  excuse  is  destructive  of  the  claim  now  asserted,  that  Voelkei 
already  possessed  a  perfectly  operative  speaking  telephone. 

Tlio  truth  is  that  thoro  is  only  ono  thing  which  is  consistent  with 
their  conduct,  and  that  is,  tlmt  lie  had  not  mndo  an  invention  noi 
constructed  an  instrument  that  would  talk.  And  so  Ihoy  thought 
till  they  saw  and  coveted  tlio  Blnko  transmitter. 

In  considering  tlio  quostion  of  diligence,  moreover,  it  must  lie 
remembered  that,  tlio  instrument  was  of  oasvaud  clioup  construction  ; 
tlmt  from  the  fall  of  187G  to  the  time  wlion  Voolkor  filed  Ids  nppli- 
cation,  tl, ,oo  yenrs  Intor,  tlmro  was  no  invention  which  nltmctoj 
such  groat  attention  ns  tlio  tciephono,  nor  in  which  improvements 
woro  more  loadily  nceoplod  and  mndo  much  of.  Patonts  for  im¬ 
provements  were  coming  out  every  wook  during  tlio  last  half  of  that 
time.  Tho  instruments  which  cmliodiod  tho  inventions  now  claimed 
by  him  woro  in  extensive  and  growing  use.  No  case  can  bo  con¬ 
ceived  which,  us  matter  of  law,  oailod  for  grantor  activity  to  con¬ 
stitute  "ronsonablo  diligoiico,”  or  in  which  dolay  so  strongly  proves 
tlmt  tho  claimant  laid  nothing  wurlh  producing. 

Tlio  delay  of  Irwin,  Voolltor’s  assignoo,  ranks  tho  samo  as  'delay 
of  tho  alleged  inventor  himself  (Duckworth  v.  Crompton,  Com'r'a 
Deo.  1870,  p.  43). 

Voelker’s  Instrument  was  not  an  Improvement.  — Tlio  invention 
sot  forth  in  this  issuo  is  an  improvement  of  mechanical  construction 
m  tlio  articulating  microphono,  and  it  consists  in  substituting 
tlio  spring-carried  olcctrodo  for  tho  rigid  electrode.  Now  that 
1  °'°  1  8  tlc  lo  i  i  Cl  I  led  le  tho  claim,., >1 

X.,,8  that  ho  Ims  constructed  nil  instrument  with  a  spring-carried 
oLct.odo,  which  ,s  practically  an  improvement  over  tho  ri"idly 
hold  electrode.  Mr.  Voolkcr’s  own  testimony  is  explicit,  that  lm  first 
mado  tlio  rigidly  hold  electrode  instrument,  and  tlmt  lie  afterwards, 
in  May,  1878,  constructed  ono  which  ho  says  had  tlio  spring-carried 
electrode  |  that  upon  ropoatod  trials  ho  found  it  was  not  so  good 
as  tlio  rigid  point  ono  (p.  143, supra),  and  whilo  ho  mado  Ihroo  or 

pretend  tlmt  holms  made  nil  improvement  in  microphones  oven  if  lie 
invented  a  microphone  wlion  tlio  instrument  in  which  I  tic 
his  alleged  improvement  was  found  to  bo  inferior  to  tho  provious  one  ; 
it  was  discarded  and  tlio  previous  stylo  omployod  and  reproduced, 
because  lie  found  tlmt  tho  socond  was  not  an  improvement. 

Finally,  it  must  bo  remembered  Hint  Irwin,  porteotly  familiar  with 
Voelker’s  work  (p.  135,  supra),  filed  an  application  May  24,  1879, 
in  which  ho  swore  that  ho  was  tho  first  Inventor  of  this  funturo.  It 
was  only  nftor  Irwin  had  learned  that  ono  of  tho  interfering  appli¬ 
cations  (Edison’s  No.  141)  was  filod  long  buforo  ho  began  his  own 
work  that  ho  caused  Voolkor  to  search  Ins  box  and  bring  out  this 
claim  and  this  old  instrument  (p.  157,  supra). 

In  Putnam  v.  Hollomlor,  quoted,  p.  288,  supra,  Judge  Blntchford 
said :  — 

.  "Tho.  world  derived  no  benefit  from  .what  ho  did.  Tho  recollec¬ 
tion  of  it  was  stimulated  by  tlio  success  of  Do  Guilifoldt’s  invention. 
But  for  tlmt,  Otto’s  structure  would  havo  still  been  reposing  in 
the  old  trunk  beneath  tho  stairs  forgotton  and. worthless.” 

These  Inrdy  rosusi  t  ti  ftor  tlio  success  of  another  are  always 
fatal  to  a  claim. 

Vooikor’s  caso  fails  entiroly  therefore  for  tho  following  ron- 

llo  novor  conceived  of  an  invention  which  lind  tlio  olomonts  which 
nro  sot  forth  in  tho  issuo  as  essential,  and  which  are  nccossary  to  tho 
transmission  of  speech. 

Iio  novor  made  a  sufficient  instrument. 

lie  did  not  exhibit  reasonable  "diligoiico.” 

Ho  abandoned  his  uncompleted  work,  and  l-overted  to  it  only 
when  Blake’s  instrument  had  long  been  successful,  and  moro  than 
10,000  of  them  woro  in  tlio  hands  of  the  public. 

His  wliolo  history  is  inconsistent  witli  tho  facts  which  so  tardy  a 
claimant  of  so  important  and  instantly  accepted  an  invention  must 
provo  to  mnko  out  his  caso. 

Inwix’s  Cash. — Fora  full  discussion  of  it  soo  pp.  155-159,  supra. 
.Mr.  Irwin’s  olnim  is  that  ho  mado  tlio  invention  in  controversy  in 

nnil  applying  n  spring  to  it. 

That,  howovor,  was  a  inoro  tompimiry  oxpoiimont,  mrl  tlio  spring 
was  taken  oil  nftor  a  fow  hours’  trial  ami  tlio  instrument  broken  to 
pieces.  Its  parts,  without  tlio  spring,  woro  guthorod  and  put 
togotlior  to  ho  lntrodmiod  in  ovidoneo  ns  part  of  Voolkor’s  ouso. 
AVo  havo  already  sufiloloiitly  shown  that  nil  Mr.  Irwin’s  work  hrauohod 
ofl’inlo  a  dillbront  class  of  transmitter,  which  did  not  moot  tilts  issue 
(PP.  155> 15(i-  !  that  tlio  ono  or  two  rudo,  oxporimontnl  modols 

wliieh  could  ho  thought  to  embody  this  iuvontion  woro  thrown  aside, 
and  that  his  exertions  woro  ontiroly  dovotod  to  nnotlior  typo  of 
instrument,  on  whioh  ho  lias  takon  out  many  patouts.  IIo  was  a 
pii’fcssional  mvontor  and  patontoo,  employing  manysolioitors,  and  in 
the  constant  habit  of  taking  out  patents."  IIo  did  not  show,  in  any. 
application  to  tlio  Oilleo,  or  ninko  any  claim  on  tlio  foaturo  in  contro¬ 
versy,— a  spring,  which  piossos  tlio  two  electrodes  togotlior,  — 
mitll  his  application,  May  24,  1879,  when  ho  bocanio  awnro  of  tlio 
groat  success  which  Mr.  Blako  had  achiovod  in  this  class  of  instru¬ 
ments.  Irwin  then  proposed  to  endeavor  to  capture  tlio  Ulako  trans¬ 
mitter.  Whatever  Mr.  Irwin  may  have  conceived  of  in  October, 
1877,  or  early  in  1878,  it-  is  coil  tl  tic  1  d  not  get  beyond  ono 
oi  two  experimental  models  in  whioh  tlio  spring  pressed  the  cloo- 
trodos  together.  Those,  according  to  his  testimony,  woro  thrown 
aside,  broken  ‘up,  never  reproduced  until  after  tiio  Blake  transmitter 
became  known,  and  only  brought  togotlior  again  recently  to  bo  used 
ns.  in  this  ease.  lie  gave  up  that  whole  typo  of  instru¬ 
ments  for  nnolher  class.  It  is  porfoctly  clear,  therefore,  that  ho  is, 
like  Mr.  Voolker,  in  the  category  of  those  who  threw  asido  their 
experiments  in  this  lino  ns  fruitless,  and  certainly  ho  did  not  follow 
it  up  with  the  diligence  tlio  law  requires,  to  eiiablo  him  to  ditto  back 

success  as  Mr.  Blake,  an  independent  .ml  original  inventor, 
aujui^ot  aa  I  coastnictml  it  and  laid  it  before  tlio  imhliu.  Wo  1 
already  sufficiently  shown  that  in  August,  1879,  Mr.  Irwin’s 
M,U  1  1,11  v  >t>  tl  i  toilo  oico  No.  1,  and  by 

declaration  of  interference  lie  was  informed  Ihntonc  of  the  conton 
pnrlies  was  Mi.  Edison,  whoso  application  was  filod  in  July,  1 
that  is,  throe  months  before  Mr.  Irwin  begun  to  turn  his  , .(tenth, 
tho  subject,  so  Unit  ho  could  not  prevail  against  Edison.  IIo,  til 
foro,  caused  Mr.  Voolker,  iiis  employ.!,  to  rummage  in  his  ti 
among  his  old  forgotten  models  to  soo  wliethor  tlioro  sometl 
could  not  bo  found  which  might  bo  rcciiscitatod  and  sworn  into 
to  answer  his  pm  poses.  Tho  eonsequonco  of  that  was  that 
instrument  which  ho  and  Ins  advisers  had  onco  condemned  ns  ncii 
novel  “'U'  useful  was  brought  forward  by  thorn  and  put  into 
application  tiled  Sept.  2(5,  1879,  as  an  nntieipntioi,  of  the  Bl 
transmitter  and  of  Edison’s  application  of  1877. 

Such  a  scliomo  itsolf  carries  its  own  condemnation.  If,  tliorof. 
tlio  easo  rests  between  Blako,  Irwin  and  Voolker,  tlio  Ollieo  m 
find  that  Voolker  had  novor  mado  tlio  invention,  us  a  matter  of 
tolled  uni  concep'inii ;  and  that,  therefore,  ho  novor  roduced  it 
practice ;  that  tho  early  work  which  ho  rolics  on  did  not  go  boy. 
experiment,  was  almmlonud,  or  not  followed  up  with  sufficient  d 
gonco  to  oiuihlo  him  to  obtain  a  pntont  on  it.  That  Irwin’s  oa 
""■I*  i ouhs  merely  as  an  abaudonod  experiment,  and  that,  if  i 
absolutely  ubmid.inod,  it  was  still  a  moro  experiment  with  a  rt 
model  in  ids  own  laboratory,  never  followod  up  with  tho  diligei 
which  would  onablo  Idm  to  date  back  to  it. 

Mu.  Blaku’s  Cask.  —  It  is,  perhaps,  useless  for  Mr.  Blako 
contend  with  Mr.  Edison  on  this  issuo.  Mr.  Edison’s  npplicati 
speaks  for  itself,  and  it  cannot  bo  denied  that  his  transniittor.  w 

mid  witli  instruments  of  precision.  In  tho  suinmor  of  1878  lie  nmde 
the  inventions  which  are  embodied  in  the  now  woll-known  BInko 
transmitter.  In  October  he  constructed  his  instruments  for  com¬ 
mercial  use  111  connection  with  tho  Boll  Tolophono  Company,  and 
early  in  Novombor,  1878,  tho  instruments  wero  actually  put  into 
commercial  uso  in  Now  York  and  olsowhoro.  Thoir  practioal  morits 
cause  them  to  ho  rocoivcd  with  groat  favor.  Tlioy  wont  into  uso  very 
rapidly,  and  by  tho  latter  part  of  May,  1879,  nearly  fivo  thousand 
wore  in  commoroinl  uso  in  different  parts  of  tho  country.  This  is 
particularly  stated  in  tho  deposition  of  Brown,  foreman  of  tho  factory 
whore  they  woro  made  (vol.  hi.  p.  554),  and  Mr.  IVatson,  superin¬ 
tendent  of  tho  Boll  Telephone  Company  (vol.  iii,  p.  G01). 

Tho  cut  in  tho  margin  shows  tho 
— A  manner  in  which  the  diaphragm  and 
electrode  nro  arrangod.  It  is  a  full- 
shod  section  of  the  instrument  ill 
ordinary  use,  and  Iinrdly  differs,  oven 
in  its  details,  from  the  instruments 
in  tho  hands  of  the  public  in  tho  Into 
fall  of  1878  mid  boginning  of  1879. 
In  this  drawing  g  is  tho  diaphragm, 
(lie  special  supporting  parts  of  which 
are  removed  from  tho  drawing  for 
convenience ;  d  is  nn  electrode. 

Mr.  Blake’s  dato  of  invention  of  this  is  fully  sot  forll 
deposition,  and  was  in  July,  1878  (vol.  iii.  p.  588). 
i  t  lot  ciloly  g  tho  spring  and  tho  weight  t 
back  ciectrodo  wero  then  made  and  used.  There  is,  o 
doubt  about  tho  practical  utility  Of  this  contrivance,  foi 
40,000  instruments  oxaoily  corresponding  with  his  mo 
particulars  are  in  practioal  uso,  and  his  modol  itself  w 
working  instrument  taken  out  of  tho  stook  at  tho  factory 

Mn.  Edison’s- Case.  —  Mr.  Edison’s  instrument  is  s 
interfering  application,  HI  filed  July  20,  1877.  / 

Tho  drawing  in  the  margin  is  n  diagram  to  illus-  Y, 
trnto  so  much  of  tho  instrument  shown  in  tho  Xi 
application  as  enneorns  our  presont  purpose. 
a  ip  tho  diaphragm,  supported  at  its  odgos  by 
tho  frame  5  6.  .  Tho  ourrent  comes  in  through  t 
tho  wiro  shown  at  (lie  top  of  tho  figure,  passes  e 
through  tho  metal  diaphragm  to  tho  platinum 
contact  piece  d,  from  tlicro  passes  through  tho 
contact  to  tho  carlion  contact  point  c,  tiionco  ' 
through  tho  spring  e'.to  tho  otlior  wiro,  and  off 
to  lino.  As  tho  diaphragm  a  vibratos  to  and  _ra_ 
fro  under  tho  infiuonco  of  sound  waves  it  moves  /j|E  3 
igainst  tho  olcctrodo  c,  carriod  on  tho  spring  e, 
did  first  pushes  it  in  ono  direction,  and  as  it 
•ocodcs  tho  stress  of  tho  spring  e  constantly 
iressing  c  against  tho  otlior  olcctrodo.  causes  ti,„ 

"'loi'h'  is  July  20,  1877.  °  “  "U  01,11,0  “Ppliciition  ilaulf,  ‘tlicTemto  ! 



mno  ,g  0  of  ilts{|,|m  =  1  ->  afleoled  by  the  fact  that 

j'0,1  O/Bco  at  lhat  time  ho  ,  ,  mvoi,to‘I  ‘l<*°n>d 

h  ;n  ,,,s  f,,rthor  o  oxi,oi,d  ,iis 

t0°  ;  „  °«o  typo  *  than  th 

■»ii.  Edison  lins  in 

niiyhody-s  judgment,  S0||„kJ  J”*1  lI  d  o,  not  coniniond  itself  t< 
i  to  assail  tho  niorils  of  t/m  ni  i  •  1 10  lcstl|imny  on  his  lie 

-  . >  ~ir&rj7'£= 


prosentod  to  tho  public,  which  would  usually  bo  seloctod  or  proforrod 
by  customers  ? 

Am.  ”  Tho  Blako  or  similar  microphonic  arrangement.”  .  .  . 

Somo  othor  witnesses  woro  oallod  in  this  putty  quarrel  of  personal 
jealousy,  but  tho  character  of  tho  questions  askod  and  answers  given 
amount  to  a  confession  that  tho  protonccs  put  forward  wore  untrue. 
See  Edison’s  Becord,  vol.  ii.  pp.  397,  401,  40G. 

Rospeotfutly  submitted  by 



for  Francis  Blake. 

Boston,-  Octohor,  1881. 

Telephone  Interferences  [Volume  5] 

Miscellaneous  Interferences 

The  three  briefs  for  Edison  and  the  decision  of  the  Examiners-in-Chief 
the  appeal  of  Cases  A,  B,  C,  D,  E,  F,  G,  I,  3,  L,  and  No.  1  have  been 

uiiiiiw  nn  in  mi*  riMMMviT,  mill  nmile 
>1  tlii'ii  i  x)u  riim'iitvi|  npiin,  this  tiim* 

m!  talking  to  it  quilt*  a  uliilt*,  hi*  told  nn»  that  lu* 
mid  heir  tin*  Kiii(*iuK  very  nicely;  hut,  as  for  taikimj, 
■'•ii,/  /„■ „li;/  •  •  •  n„ic 

thou,, hi  /  wo*  fa/himj  ;  /,„/  ,.„t 

<;/  char  (V„|.  HI.,  .||i.) 

I  hen  III-  tln>ii|>lit  Unit  till-  diaphragm  . . ic 

"  tin  list  fur  further  experimenting,  ami  put  tin-  in- 
uiiu’iil  away  till  the  next  evening,  alien  In-  again  ex- 

“  I  fmiml  tin-  sheepskin  rigid,  perfectly  ilrv,  a-  it 
IS  win. II  I  originally-  mail.*  it.  Aflei  adjusting  the 
•i‘t  again.  I  started  singing  again,  while  niv  brother 
l*  ne.l  at  the  reeeiving  end.  After  a  while,  1  eame 
to  1||,!  'esall.  Me  told  me  that  the 

S  alanit  the  same  „s  the  day  before,  that  he  eo.ild 
l1"'  •sillK'>lK  very  distinetly,  every  note 
»fly.  Then  I  told  him  to  listen  very  earefullv  la  mV 
Im  eoiihl  hear  any  words.  After  a  while,' 1  eame 
vn  to  hear  the  result  of  that.  He  told  me  that  he 
dd  tell  when  1  was  li.1L!,,.,  I,„i  ......i.i  .....  . i. . . 

eat  sounds.  J  told  him  to  tall;  t 
/  thoui/ht  /  could  hear  a  word,  I 
guisli  it  very  clearly."  (Vol.  Ill 
He  was  assisted  by  several  pi 
them ; 

“  Karh  and  every  one  hoard  I 
tinclly;  and,  when  I  talked  to  tl 
mm  talking,  but  could  not  unde 
what  I  said."  (Vol.  I1T.,  p.  -18.) 

This  last  experiment  was  in  Ap 
testilies  that  the  instrument  was 
present  condition.  He  says : 

April,  18718.”  (Vol.  ill.,  p.  'JT 
Now  Voelker's  counsel  does  not 
this  time,  April,  187<i— Voelker 
more  than  reinvent  the  Hois  trims 
In  his  brief  before  the  exumi 
counsel  for  Voelker  says: 

“  It  in  not  conleiu/cit  that  VueUvr 
first  JurtH,  with  shin  iliajihraijms,  , 
sjwcch,  although  it  is  obvious  tlm 
done  so  with  the  same  experience 
187!)  with  the  reproduced  iustruii 
liguro  7  of  Hell’s  patent ;  hut  the 
transmission  of  such  speech  at  aha 

;■  .  11 '  ",v  ‘'archil  experimenting  ami 

li'toning,  hIwi  words,  lint  not  ,/in'f,-  «.  HS 

iufty'  iniy  inmv  limn  In-  dors  when  hr  sins,  that  I  was  talking,  but  ronld  not  under- 
n'V  w'lmt  I  saiil,"  or  "  .Sometimes  I 

Unad.l  hour  II  word,  lait  ronld  wit  distinguish 

arrount  of  V  orlkrr's  experiments,  previous  to 
i<li,  and  the  admission  that  Vodker  did  nut 

t  speech, serve  also  to  show  that  a  wit . .  hv 

. .  McClelland  only  innigim  d  he  heard"-o|ue 

"ls  flom  Hhakspere,"  whieh  he  (entitle-  lie 
ie  heard. 

lull  refer  to  this  hereafter. 

'  v* alker's  testimony  any  stronger  relativelv  to 

."xl"',;i . .  "liieit  took  plaee,  with  Exhibit  i) 

lV|  r,  '»  t>W  kilter  part  of  May  and  in  dune, 

•John  If.  A  oollcor  hii^vh  of  nil  thuso  nxperimci 
‘  My  brother  sane  into  tlm  transmitter,  and  talked  i 
it  also.  I  listened  at  the  receiver.  You  could  h 
the  tune  of  tlm  song  he  was  singing  very  well, 
words  L  eon  Id  not  hear  very  well  or  very  distinctly 
(Vol.  III.,  1JI0).  J 

“  1 1  1  x|  t  II  i  was  present  at  i 

of  singing;  and  1m  says, ‘I  listened  and  heard  ( 
tinetly  several  tunes,  and  I  recognised  Ids  voice  in  ei 
tune  ’  ’’  (Vol.  III.,  182). 

"  f’asan  Crones,  the  mother  of  V editor,  says,  ‘ 
used  sometimes  after  the  shop  was  dosed  tolmvo’th 
lixed  up,  and  he  would  call  my  attention  to  them 
listen  to  them  talk  '  ’’  (Vol.  III.,  18(1). 

"  Newell,  a  boarder  in  the  house,  says,  ‘  Ho  used 
‘•all  down  through  them,  ‘  Hallo  I  ’  words  of  that  kin 
could  not  make  out  sentences,  but  could  discern  woi 
at  that  time"’  (Vol. 111.,  1!I2). 

musical  tones  came  out  very  loud,  very  char, 
distinct,  now  and  then  words  which  ronld  not 
ken  "  (Vo|.  HI.,  p.  ,10). 

Mill  be  observed  that  Voelkor  says  that  "the 
r  those  experiments  I  with  1)  as"  a  receiver] 
satisfactory  than  was  the  cigar-box  riMvivrr 
eh  he  testities,  «  received  musical  tones  verv 
,  bv  careful  experimenting  and  patient  listcn- 
Mords,  but  not  ipiite  so  dearly  as  the  music." 
ing  in  the  other  interference  cases,  Vodker 
experiment  with  reeuiver  C: 

•'production  of  musical  tones  was  very  line 



“  MeClelhmd  says  that,  on  one  occasion,  Voell 
gave  him  something  like  a  spice-box,  ‘and  I  held  tl 
box-lid  to  my  ear  ami  heard  singing  and  some  rpiol 
lions  from  Shakspere,  I  think  it  was.  [Vol.  Ill.,  Si 
This  was  beforo  May  ii,  187(1,  as  ho  knows  from  a  sic 
ness  commencing  at  that  date  ’  "  (p.  81). 

V, ,,  submit  that  these  passages  introduced  in  t 
counsel's  briof  to  support  Voelker's  claims  show  a  fa 
ore  on  the  part  of  Vodker  rather  than  a  success. 

And  tlm  testimony  of  these  witnesses,  as  a  who! 
make  his  failure  to  transmit  articulate  speech  by 
spring  contact  telephone  even  more  conspicuous. 

Thus,  the  passage  quoted  from  John  IT.  Voelkei 

*  was  *un:,  to  itKsfi  ail  of  A)//v7  to,  if  Vn.  lk.  r 
kiiiK  instrument.  Till,,.  passage  i,, 
stiinonv  is  ns  follows  : 
misr.l  t<>  let  nil-  linn-  this  iiistniiin-iit  wh.-n 
<<  <l,  mill  for  that  pm, I  r. -iiiiiin.-.l  with 
•'"hi.  "»<•  night  "tier  tin-  shop  ,vas  cl..-  ,1 
in  ill.,  shop  while  William  went  to  t|„. 

»h.  iv  In-  hail  a  wire  connected  with  tin- 
-I»‘*|*.  Mv  sail  I  that  hr  w.mhl 
'•  mi' ;  that,  if  |  listvin-.l  to  tln>  mm-hiin-  in 
wv.iil.l  In  al  him.  I  list, -in-, 1,  ami  h.-ar.l 
•v.-ial  tmii-H,  ami  recognized  his  voi.-v  ia 
(Vol.  III.,  iso.) 

L- ,!<‘l!J,‘rs  i**«t*-«i»iiflitM  talked  i-itln-r  in 
h//.  '•  is  iviimrlinhli-  that  Umwnc  ili.l  n-t 
Tin-  testimony  shows  that  In-  was  inti- 
\o.-lk.-r,  going  t„  |,is  shop  "i-v.-rv  ..tin  i 
"it  on.-  on-nsion  l.-mling  him  a  s.-t  ..f 

X"-  1,  “  I  <lo  not  remember  In-arias  this 
"it  I  remember  distinctly  having'  s.-.-ti  it 
’I’-  "K'liii  of  otln-r  iiiritnim.-nts  In- 

"<)t  n-m.-inhi-r  hearing  «nvof  tln-sc-  instrn- 
I  not  i-.-rtain  that  ]  didn’t  lic-ar  thi-ui.” 

!'■  "'V  reasonably  infi-r  that,  if  In-  heard 
l,,,nr,l  H,"K'i'K  anil  not  talking. 

",  tin-  moth.-r  of  Vo.-lk.-r,  although  she 
""k.-il  “  to  listen  t„  th.-m  talk,"  ,hu-s  not 
v,!  ,  1,1  "".vtl'illg  except  the  music  of  an 
""It*  V,'r-V  l’r,'*tv,"  she  savs,  •*  the  piece 
(V‘>1.  ill.,  188  ami  50.)  And  she 
.  .  *"-‘f  attention  to  the  little 

lint  A,  ami  showed  her  the  little  point, 
von  see  the  little  syaovt  /" 
u  hni /  httU  y,„rfr  /„  H|„,  a,|,|s 

o'  l'."‘n  *“  ,*l°  v"r.v  tlamagini?  testimonv 
-Ikers  counsel  (ante,  p.  ).  savs: 

that  we  attempted  to  talk  much  : 

And  this  was  as  late  as  the  summer  of  1877,  wl 
\  oelkcr  was  experimenting  with  a  rigid  contact 
slrumcnt  (No.  a),  of  the  working  of  which  Nov 
testifies : 

“  The  results  were  somewhat  hotter,  the  music  v 
plainer.  I  could  descern  words,  Imt  not  plain 
nothing  like  sentences.  / , that  we  utt.ww 
to  '"?*>i>„f,  ;  only  to  call  down,  as  I  have  stated  1 
fore,  *  Halloo.’  ”  * 

If  Kxhihit  A  ever  talked  in  Voelker’s  hands,  New, 
ought  to  have  known  it.  Ho  hoarded  with  Voelker  f 
a  year,  hegmning  in  the  rail  of  187(1,  and  assisted  hi 
m  his  experiments.  When  he  went  to  hoard  wil 
yielker,  Kxhihit  A  and  the  instrument  11  were 

“  I  recollect  the  instrument,  Kxhihit  A,  verv  well.  H 
had  wires  running  from  (he  shop  to  the  third  story 
rememher  the  instrument,  Kxhihit  11,  and  hearing musi 
from  the  sounding-hoard  on  it  very  plainly— 1  men 
the  strip  of  metal  on  it.” 

And  music  was  all  he  heard,  except  “  Halloo  •  ”  am 
words  of  that  kind.  They  did  not  attempt  to  tall 

J/cCM/i,,,,/  could  not  have  heard  the  quotations  fron 
•Shakspcrc  through  a  telephone  at  the  time  he  says  In 
heard  them  ;  for  counsel  for  Voelker,  as  we  have  seen 
says  in  his  linef,  which  was  read  Indore  the  examines 
in-elnef  (p.  (0):  “  The  proof  Jixee  the  jir*l  Iranmiis. 
ffw/1  of  such  articulate  yweeh  at  or  about  the  jird  oj 
Jtuy,  me."  McClelland  is  positive  that  he  heard  the 
i] notation  from  Slmksporo  l.y  Kxhihits  A  and  11,  in  the 
fall  of  1875,  or  winter  of  1875-70  (Vol.  HI.,  83,  8-1). 

Hut  receiver  D  was  not  made  till  the  last  of  May  or 
first  of  .Tune,  1870  (Voelker,  HI.,  50). 

On  cross-examination  McClelland  says  that  lie 
heard  the  quotations  heforo  lie  was  taken’ sick,  which 
was  oil  the  3d  of  May,  1870.  This  was  probably  be¬ 
fore  even  Kxhihit  C  was  constructed,  the  first  re¬ 
ceiver  with  which  it  is  nr«-t<M..l..,1  II., .f  . i„ 

I.  \n<'lk<*r,  on  n  «lir«vt  question  u*  to  tin* 
I'il  e;  testifies  llmt  Kxhibit  C,  us  ururas 
i'cl,  was  made  •*  tin-  beginning  of  Mm, 

.  III.,  i».  •!!►.  Int.  lti.) 

-on^fKt  testimony  for  Kittson  mid  nguiuM 
In'  found  in  tlio  do|iosition  of ,1 .  If.  Irwin, 
tin;  Voelker  application.  Irwin  wnsnrig- 
v  I"  tlio  interference,  lmt  could  not  pi 
Ill's  roontil  date,  as  ho  did  not  begin  his 
>vit!i  tlio  telephone.  until  tlio  fall  of  |s77. 
is  this  fart  that  lias  lod  him  to  pash 
hVation.  Irwin's  own  application,  which 
in  this  interference,  was  tiled  Mur  til, 
‘r's  application  was  tiled  under  Irwin's  di- 
ndier  21!,  1 M71I,  several  weeks  afterthe  in- 
’  declared  I  let  ween  Kdison,  Ulake  mid  Ir- 

i  ars,  linth  in  \  oelker's  and  in  li  win's  ten 

l.eeanii!  the  inventor  and  Voelker  a  mere  worknii 
his  employment,  at  first  temporarily,  and  after 
Iiornianently.  Irwin  says : 

“ 1  tirst  began  experimenting  on  eleetrie  teleph 
Oetoher,  1877."  (Vol.  Ill,,  78.) 

And  then  ho  testifies  to  the  character  of  oxporin 
made  l>y  himself  with  the  assistiinee  of  Voelker,  tr; 
he  says,  a  rigid  point  about  as  many  times  as  the  i 
or  elastic  point. 

In  relation  to  these  experiments,  Irwin  is  asked  t 
direct  examination  (p.  10(5) : 

“AVero  these  experiments  referred  to  made  wl 
under  your  direction  and  in  the  currying  out  of; 
ideas,  or  were  they  made  in  furtherance  of  carrying 
the  ideas  of  Mr.  Voelker?" 

And  he  answered : 

“In  furtherance  of  my  ideas  and  solely  under 

Irwin  m ipiired  knowledge  of  Voillei's 
a  October,  1877. 

I  "'Hi's  in  Voelker's  testimony  (p.  dtii  that 
ui"  d  knowledge  of  Voelker’s  "  telephonic 
early  as  October,  1877,  and  that  he  then 
i'lirent  interest  in  it.  Irwin  testifies  that, 
oclkcr  took  his  instruments  to  tuna's 
''  •'vo  men  made  a  long  series  of  experi- 
•in  in  the  presence  of  several  of  Irwin's 
that  Irwin  then  told  Voelker  that  his 
is  a  Heis  transmitter, and  that  his  receiver 
as  also,  with  the  exception  of  the  size  of 
'hone.  (Vol.  HI., 87.) 
ratifies  that  Voelker  fully  explained  all 
Is  and  instruments  to  him,  so  that  he  inl¬ 
and  explained  them  to  his  C(JIIUM')  Mill 
>rs,  Messrs.  Timelier  &  .Smith,  both  i  s- 
matters,  and  that  these  gentlemen  com 
m  in  the  opinion  that  Voelker  had  only 
Hois  transmitter.  (Vol.  1 11.,  lit!  M) 

And,  finally,  we  find  Irwin  himself  applying  fi 
(intent  for  the  invention  at  issue;  and  it  is  not  v 
after  he  finds  his  application  in  this  interfen 
that  he  brings  forward  Voelker  as  an  original  inven 

Still  more  than  this,  Irwin  was  asked  on  direct 
nminntion  (p.  108) : 

“  Ss'lien,  if  ever,  did  you  hint  make  and  use  a  t 
phono  having  a  spring  forming  or  carrying  one  e 
trodo  of  the  circuit,  and  constantly  pressing  ugu 
tlio  other  electrode  and  the  diaphragm  to  miiintain 
desired  initial  pressure  between  the  electrodes 
yield  to  the  movements  of  tlio  diaphragm  ?  ’’ 

And  lie  answered : 

“  In  November,  1877.  That  is  the  date  of  win 
called  the  finished  experiment ;  that  is,  an  invent 
finished  experiment.'' 

The  date  given,  it  will  be  observed,  is  the  mo 
following  Irwin's  fust  experiments  with  Voelker  as 
assistant.  Irwin,  when  he  gave  this  testimony,  sm 
did  not  regard  the  crude  instruments,  which  Voel 


A.  0.  BELL, 



J.  w.  McDonough, 

0.  B.  RICHMOND, 

J.  II.  IRWIN, 


Brief  in  Behalf  of  Thomas  A.  Edison. 

May  it  pi.kask  your  Honor  : 

Tho  present  iutorforonces  probably  am  the  most  - 
important'  that  have  ovor  coma  boforo  the  Patent 
JlTico  for  consideration. 

llio  diflicultics  that  ariso  in  ordinary  interferences 
ire  augmented  in  tho  present  caso  by 

1st.  Tho  subtle  character  of  the  natural  forces 
that  am  inseparable  from  tho  art  that  is  in¬ 

2d.  By  tho  innccurato  and  fanciful  olllcial 
wording  of  tho  subject  matters  of  the  diil'oront 

tld.  Tho  questions  of  law  that  arise,  nml 

Ill  making  a  ilreisini)  on  these  matters  1 
suggest  that  your  Honor  |irolia1i)v  will  not  bo  able 
to  satisfy  all  parties,  but  certainly  there  is  a  limail , 
opening  for  the  display  of  careful  judgment,  just 
discrimination  and  well  considered  opinions  that 
will  command  respect  and  carry  weight,  not  only 
in  these  special  matters,  hut  in  others  that  may 
arise  in  the  Patent  Office,  so  that  the  present  mar 
he  controlling  decisions  that  will  help  to  unify  the 
practice  ol  tho  Patent  Office  in  iulcrfeicnce  rases. 

I  propose  in  the  beginning  of  this  argument  to 
direet  your  Honor’s  attention  to  a  ipicstion  of  law 
whirh  is  a  eon  i  para  lively  new  one,  and  u|mn  the 
proper  decision  of  which  iuipoitnnt  intciests  may 
centre— that  is  how  far  a  man  may  brunch  out  in 
his  investigations  without  losing  any  right  in  the 
devices  that  he  makes  during  his  investigations 

I  lie  special  clause  of  the  law  which  bears  upon 
this  ipicstion  is  Article  I  in  Section  Ifii'ii  „f  th<-  lie- 
vised  Statutes,  which,  among  the  things  that  can  lie 
prov.ii  against  validity,  is  that  the  patent  i-  for 


Hie  same  ipiestion  which  nmy  come  up  in  Court 
alter  a  patent  is  granted,  should  be  regarded  in  de¬ 
termining  the  issue  of  a  patent,  in  order  that  it  may 
lie  valid. 

See.  I'M!.  ]{.  S„  provides  that  “  Any  peison  who 
has  invented  or  discovered  any  new  and  useful  art, 
machine.’’  &e.,  nmy  obtain  letters  patent  unless 
the  invention  has  been  in  public  use  or  on  sale  more 
than  t  wo  years,  or  been  abandoned. 

l'or  the  purposes  of  these  interferences  it  may  lie 
admitted  that  each  applicant  was  an  inventor,  or 
has  supposed  himself  to  be  such,  hut  it  will  he  im¬ 
portant  to  consider  whethor  either  applicant  allowed 
the  invention  lie  now  seeks  to  patent  to  bo  publicly 
used  more  than  two  years  before  making  his  appli- 

U  will  also  he  proper  to  consider  whethor  there  is 

f  &  i  SST"  * 

any  act  of  abandonment  by  which  oitlier  inventor 
lorfoited  his  rights. 

It  will  also  be  propor  to  discover  whether  either 
of  tho  appIicants'MADE  an  invention,  as  tiie  law  con¬ 
templates,  or  whethor  ho  was  blindly  groping  his 
way  after  something  which  he  never  grasped,  or 
in  other  words,  whethor  certain  things  wore  expori- 
monts  of  inventions. 

If  it  is  possible  at  tho  outset  of  this  matter  to 
e-suo  to  a  reasonably  clear  understanding  of  tho 
di /To ron cos  between  an  invention  or  iliscocen/  and 
an  e.rperiment,  and  also  fully  defino  what  is  tho 
s.,..po  ..f  an  atianihnineiil,  and  uiiderstnnd  what  is 
reasonable  diligonco  in  adapting  and  perfecting,  tho 
difficulties  of  this  interference  will  vanish  like  tho 
morning  dew. 

To  accomplish  this  task  would  lie  to  terminate  a 
largo  proportion  of  tho  patent  litigations  now  in  ex¬ 
istence;  and  the  man  who  attempted  tho  task  will 
surely  moot  with  an  inglorious  defeat. 

While  shrinking  from  oven  tho  consideration  of 
tlieso  questions,  permit  me  to  present  a  fow  points, 
in  tho  hope  that  tho  task  imposed  on  your  Honor 
nmy  he  lightened,  for  in  the  consideration  of  these 
interferences  it  will  bo  found  a  vain  task  to  endea¬ 
vor  to  evade  a  careful  examination  of  each  of  tho 
foregoing  points,  and  the  rendering  of  a  decision 
touching  alt  or  nearly  all  of  them  in  their  applica¬ 
tion  to  tho  questions  involved. 

In  regard  to  abandonment,  tho  majority  of  deci¬ 
sions  are  to  tho  effect  that  tho  legal  prejudice  and 
inference  is  against  any  abandonment.  Tiie  law 
requires  Hint  tiie  patent  shall  lie  granted  to  the  in¬ 
ventor  or  discoverer,  unless  tho  invention  “  is 


At  this  point  a  word  of  caution  may  not  bo  amiss: 
Secs.  4880  and  4920,  H.  S.,  are  in  perfect  harmony. 

A  man  cannot  abandon  an  oxporhnont,  lie  must  have 
made  an  invention,  must  have  gone  beyond  expori- 
incut;  an  abandoned  experiment  is  a  misnomer;  • 
tho  law  only  speaks  of  nil  abandoned  invention.  It 

|>i a  limn  must  have  mink*  or  invented 
limit;  new  or  useful  before  he  has  anythin;;  to  rive 
away  nr  to  ahamlmi:  and  Sec.  J!»tio  makes  the  mat- 
"'<■  "».ch  more  clear  hy  defining  the  only  n -cognized 
'  laiaeter  of  abandonment,  hy  saying  .'that  the 
a  ha  mti.sf  lw  To  TIIK  I'UltlJC. 

From  these  promises  I  conclude': 

1st.  That  abandonment  is  onlv  a  thine-  n.  i, . 

sidere,1  as  bet "'eeu  the  public  and  an  actual  inventor 

-'I-  That  there  n 
•  lie  aliandoniiient, 

,s*  I''1  tiie  most  full  iJIll 
ud  not  an  inferential  abandon 

I.  That 


:  . discovery  must  ha 

made  before  it  can  bo  given  mv 

tuall.  ... 

deVifm  °M  ",is  «H  favor 

OHM  ,  (lf  „|0  M;i|u|(t)  j)s  wj)|  | 

'"  m  Hie  follow, ng  authorities: 

,o  "r,il!//or  ••  n,o 

erh.,l  nriX|H,m",‘,,,S-!*1"1  "Mlil  pmtv  has 

.il  l!  ,  V"!'0"-  a,,d  tested  its  value  by  ac» 

sunn,  ion'  of ’.,n  r°|n  S  ,"0  ^USl  Fiounds  for  any  . . 

•Jordan  ;  [\  'n^s  c  "  ' 1  1  'a,n  c'"-  vs- 

s  p  -'S..;  Smva I  vs.  Jones,  (I  Fi  b., 

if-  iVo,:,;  oM:^:^on^e  Tr*cv  v*; 

W.  ‘  ”•  1  >  •*'  ^‘‘g.  lilt.,  I 

The  burden  of  proof  to  show  an  abondoninem  is 
•m  the  defendant,  lloilheins  vs.  Bmiull,  tt  Fid,., 

ab-mdon,0  ,0l/''po"  ,hu  Ki°und  that  a  partv  has 
„  b  e„t  forfeited  a  legal  right  to  seen,-  ,o 
idH  l-,l  i  l  ;m"r',aU'  tor  fm purpose  of  defeating 
"oint  clem-  1  ,°f  !  mt  liKl,t'  “"'St  make  out  tho 
doubt  or  h i!Jn;.“l,?f"clorily  I'cyondany  leasonablo 
abam  m T?'’  'T0""  11,0  >>°t  f«'-r 

seeks  to  ohl- b  o  "I"  ll"0'v«  tipon  tho  party  who 

Sovnioin-  \-u  \r  n  H'" 01u  aI1  ''casonablo  cpiestiou. 

•  "0",  'K-  McCbrmick,  2  Blatcl,..  2-10;  S.  C„  10 

How.,  -ISO;  Pitts  vs.  Hall,  2  Blatch.,  221):  Wyeth  vs 
Stone,  l  Story,  273;  American  Leather  Co.  vs’ 
American  Tool  Co.,  -1  Fish.,  2S4;  McMillin  vs.  Bar¬ 
clay,  Slush.,  ISO;  S.  C.,  4  Brows.,  275;  Sowall  vs 
Jones,  .1  Fish.,  343;  S.  C„  3  0.  G„  (130;  Birdsell  vs.' 
McDonald,  (i  U.  G.,  CS2;  Ilovey  vs.  Henry,  3  West. 

Abandonment  weans  a  general  abandonment  to 
the  pubhe.  It  is  a  dedication  to  the  public,  a  giving 
up  of  the  claim  to  a  monopoly  in  tho  invontion 

American  Leather  Co.  vs.  American 
Tool  Co.,  -t  Fish.,  2S4. 

Abandonment  must  result  from  tho  intention  of 
the  patentee  oxpressly  declared  or  indicated  liv  his 
acts.  •  ' 

McMillin  ys.  Barclay,  5  Fish.,  1ST;  S.  C., 

A  party  cannot  bo  hold  accountable  for  delays  in 
tho  Patent  Oflico,  and  an  abandonment  will  not  bo 
interred  therefrom.  The  taw  looks  with  indulgence 
upon  the  delays  which  urise  from  the  circumstances 
of  the  parly  who  may  make  an  invention,  and  it  is 
only  when  the  invention  is  intentionally  abandoned 
“  flmt  the  law  declares  that  ho  shall  not  bo  pro¬ 
tected  in  his  invontion.” 

Sayles  vs.  Railroad  Co.,  2  Fish.,  523;  S.  C 
1  Bliss,  4GS. 

Ryan  vs.  Goodwin,  3  Sunni.,  514. 

Root  vs.  Ball,  4  McLean,  177. 

Rich  vs.  Lippincott,  2  Fish.,  1. 

McMillan  vs.  Barclay,  5  Fish.,  1st);  S.  C., 

4  Brows.,  275. 

The  more  fact  of  making  or  selling  an  improve- 
meat  or  invontion,  or  of  putting  it  into  public  uso 
at  any  time  within  two  years  boforo  tho  application 
for  a  patent,  is  not  of  itsolf  an  abandonment  of  the 
invontion  to  the  public.  Something  more  must  bo 
dono  within  tho  two  yearn. 

There  must  bo  somo  acts  of  the  inventor  indicat¬ 
ing  an  intention  on  his  part  to  devote  his  improve- 

""'"I  1(1  O'*  l»il>lic  in  umierul,  in  order  to  authorize 
the  conclusion  that  ho  hns  so  abandoned  it.  There 
must,  lio  a  (li w/f/n  to  devote  the  invention  to  the 
hr  at  larijr,  as  a  gratuity,  and  without  receivin''  -* 
consideration  for  its  bestowal. 

Seymour  vs.  McCormick,  2  Hindi.,  24a 

N.  C.,  Hi  How.,  4 SO. 

I’ilts  vs.  Hull,  2  Match  ,  22!). 

I  am  well  aware  that  the  term  “  atmmhme.t 
pertinent  ”  is  often  used  in  divisions  that  have  he-n 
■  ,'uK;l,d«1  as  carrying  great  weight.  Imt  a  careful  ex- 

animation  of  those  will  show  that  the  oxpiv<si,,n 
lefers  to  experiments  that  are  not  prosecuted  or 
continued  to  any  result.  The  use  of  the  term  is  imt 
inly  chosen.  The  words  of  the  law  are  few,  com 
use,  and  such  as  cannot  he  misundenstood.  and  in 
speak  of  experiments  as  not  prosecuted,  is  more 
eerrect  than  to  call  then,  abandoned;  upon  exam 
illation  of  standard  dictionaries  it  will  be  found  that 
the.ncmunKof  this  wool  abandoned  has  bcco.m- 
l-  !  i„  "  a  "1  10  Kt‘"0ml  is  to  Wliollv 

“  *T,dll'"&  “®  11  cnplnin  abandons  his  vess-i, 

!1,)a,1<  0"'S  ll,s  wlfo-  *0.  Now.  unless  Urn 
bnebr  t '  ““  , vesso1  1,0  not  abandon  her:  a 
had  o  ,  '  T  ‘  "0t  aI,nml0"  “  wifo.  because  ho  never 
v!  i  i  S°  0?l’Prin,onter  cannot  abandon  an  in  ' 
ention,  because  he  has  never  made  an  invention: 
no  can  cease  to  experiment  and  not  prosecute  ih- 
.  '  ,f°i  tlio  sake  of  greater  clearness.  I 

hn  it  "f  11 1S•,,10,'0  l,l0liei-  ‘o  s] leak  of  an  exprr 
exn"rimem  pi'°^ocu1to<1*  ™ther  than  to  speak  of  an 

xp.rnnent as  abandoned,  liecauso  the  law  using 

ens„  it7,’.,‘llf,,;!0nctl  ,l0C8  »so  it  in  the 

i)f  mi  nv  •  '  j'1  "’oul11  1,0  npphed  when  speaking 

vent  inn  ..  iT'1’  t,’°  lnw  co»<omplntos  that  an  in- 

do  rill,1  mV0  'C0,1  mwk  l,oforo  ifc  ca"  i)t)  aliau- 
,  ?V"*U  VUSSl••,  »>usto.xfst  before 

me  captain  can  abandon  it,  but  in  thocasoof  miov 

*  ,0Kn"y  oxislenl  m- 

'  llULS  1101  l),'°t°ct  an  experiment  in' any  respect; 

the  law  does  not.prolect  anything  that  is  not  both 
new  and  useful;  it  does  not  say  new  or  useful  \ 
man  may  invent  something  that  is  novel,  but  which 
is  not  capable  of  use,  and  ho  will  not  be  entitled  to 
protection:  ho  may  invent  or  mako  something  which 
is  useful,  and  ho  will  not  bo  entitled  to  protection, 
becauso  of  the  lack  of  novelty. 

I  have  been  particular  in  laying  out  tlio  premises 
and  stating  tlio  principles  upon  which  alone  patents 
can  bo  legally  granted  or  refused,  becauso  I  expect 
to  show  by  the  testimony  that  some  things  mav 
have  boon  invented,  but  thoy  aro  not  patontable  bo- 
causo  thoy  lack  utility.  Thoro  aro  other  things 
that  have  been  drawn  into  this  controversy  that  are 
useful  to  a  certain  extent,  but  they  possess  no 
novelty,  bocauso  thoy  go  no  further  than  the  devices 
that  had  before  oxistod.  There  are  other  things 
t bat  have  boon  drawn  in  which  are  not  inventions; 
the,  begun  as  experiments  and  went  no  farther; 
they  were  not  prosecuted  at  all,  and  in  other  casos 
there  was  no  diligence  in  their  prosecution,  and 
thoy  never  wont  so  far  as  to  bo  capable  of  actual 
uso,  bunco  wore  not  useful  devices  in  the  oyo  of  the 
law,  and  wore  not  patentablo  or  entitled  to  protec¬ 

At  this  point  I  desire  to  suggest  that  the  term 
exporimont  is-  used  in  ordinary  conversation  with 
two  very  ditforont  meanings.  A  -  lecturer  is  often 
spokon  of  as  performing  an  experiment  boforo  an 
audience;  he  might  take  a  well-known  electric  ma¬ 
chine  that  had  been  sold  in  the  markets  by  hun¬ 
dreds,  and  a  woll-known’oloetrie  light,  and  in  com¬ 
mon  parlance  it  would  bo  said  that  ho  performed  a 
very  successful  experiment.  So,  also,  as  an  illustra¬ 
tion,  music  may  bo  played  at  a  distanco  and  repro¬ 
duced  so  that  the  audience  can  hoar  ovory  note. 
This  is  commonly  spoken  of  as  an  experiment;  the 
apparatus,  however,  might  bo  old  and  for  sale  on 
the  markot.  In  this  interference  thoro  aro  several 
places  where  tlio  word  is  used  in  this  same  sense, 
viz. :  to  distinguish  the  laboratory  or  lecture-room 

u'f  ac,l,“*  or  successful 

»«»■<*,  wi«.ra  uwt0,„ 
•  **■ ls  Ii'-od  ill  (1)0  evidence,  find  j(,  is  aiso 
sired  °«r  °  "°!k,‘<1  wel1’  nccoinplishod  whfit 
or  S°’  C°,lM  ll,1V"  Iwn  com, 

STJ  °r  '•'0,mm‘lw.  but  was  a  full  demon 
in  -i  I  t  SlR'h  ns  ""Kbt  have  been 
\V|,‘.n  ^1."'U'|'001"  «*|wmn<  nt  ,|  |tlll  , 

»«'loni!i..Jo..lfon horo'',t‘8sho,t  of  H'is 

«^>oor  (lie  duties  or  v,„„.  rnm,. 

wind-  ea'ch^nan  i,!VVOI,!S  ,‘"1|,lo-v<Ml'  ■•••> 

»'-«•  and  useful  device'' '' 
less  Inid'oW  dovi8tnt"t0’i  °XC'U(I°  tllu  m*Z 

m*“t%;rlo"ril"r  <  «»nH. 

'  r !",  ; 

"f  the  queslio  ol  f  1  ^ 

the  do vico.  1-0  ilto  to  tllu  n>,h  oth 

U'°pylo  roln(orttofail“,,“/',,2?  il  k‘! 

«•'«%  the  issues  d«  \  "  ,  J  “1‘eahmj  el 
/ — (lint  was  ■ ''?lato  (o  11,0  «///  «a 

It  is  believed  Mi  f  ’  ,lut  '““sic  is  not  s|> 

t  educe  any  evidence  in  regard  to  the  trans.nissi 
"I  music,  because  music  is  not  speech;  and  in  rega 
to  the  second  enquiry,  concerning  devices,  it  is  /, 
malcnal  whether  then  were  usd  in  the  transmit 
oj  speech  or  music,  so  long  as  the  devices  we 
iulaptod  to  the  transmission  or  reception  of  som 
electrically  and  wore  novel. 

The  importance  of  considering  this  branch  of  tl 
inquiry  at  this  time  will  lie  apparent.  Prof.  Mo 
,im  Mlil'a>s  n  V01'>  clear  statement  on  this  point,  an 
•is  this  part  of  lus  evidence  corresponds  with  tl 
expert  evidence  of.othor  parties,  and  as  ho  has  bee 
introduced  in  behalf  of  Messrs.  Yoolkors  &  Irwii 
they  will  not  question  his  evidence,  and  it  is  to  I 
taken  ns  an  established  l.u  t  that  different  principle 
are  involved  in  the  transmission  of  music  from  thus 
involved  in  tho  transmission  of  speech.  Coniino 
sense  enforces  this  statement,  Man v  an  orator  can 
not  sing  a  note,  many  a  musician  cannot  talk  intel 
hgontly.  There  are  two  arts— one  of  speech,  th 
other  of  music;  but  to  quote  from  Prof.  Morton 
pages  2SII,  2St,  Vol.  a. 

x-Int.  1 10.  When  using  instruments,  such  ns  tin 
Jiois  transmitter,  for  tho  transmission  of  musical 
tones,  did  you  over  obsorvo  whothoror  not  any  com 
dition  or  adjustment  of  tho  contact  points  was  nec 
essary  or  important  in  obtaining  tho  best  results; 

A.  I  found  tho  adjustment  of  tho  greatest  import- 
since  slight  changes  of  adjustment  would 
make  all  tho  difference  botwcon  success  and  failure. 

1 1 1  x-Tut.  Did  you  discover  any  particular  adjust- 
nont  that  was  necessary  to  insure  success? 

A.  Only  in  this  general  way:  tho  adjustable  clec- 
rode  was  fii-st  brought  in  firm  contact  with  the  other 
ilectrodo  attached  to  tho  membraneous  diaphragm, 
ml  was  then  drawn  back  while  a  loud  note  was 
ung  into  the  transmitter,  until  tho  operator  was 
ware  of  a  humming  or  vibration,  which  indicated!, 
onstant  rupture  of  contact  with  each  vibration. 

Mitli.i!  they  could  lie  heard  loudlv  III 
le  largo  building. 

x-lnt.  Did  you  ever  ascertain  whet her 
triinients  such  as  tho  Hois  transmit!, 
adjust  tho  movable  contact  point  so  th 
ling  sound  would  ho  produced  under: 
antes,  when  an  attempt  was  made  to  tr; 
late  speech!  _ 

I  never  attempted  any  such  adjnstm. 
localise  1  round  that  any  such  humming 
ed  t  he  transmission  of  articulate  spec, 
o.  by  causing  a  noise  in  tho  receiver 
mod  unendurable  to  the  person  listeniu 
«-lnt.  I)id  you  ever  ascertain  whether, 
ate  speech  could  he  transmitted  hy  an  i 
in  which  the  adjustment  of  the  'point: 
hat  an  elect  ric  spark  would  lie  visible 
:  to  the  instrument! 

never  saw  such  a  spark  with  a  speakii 
nl,  hut  it  was  the  regular  thing  with  tl 
s  used  for  singing,  when,  as  a  matt, 
it  demonstrated  that  the  circuit  was  hi 

•hit.  If  a  transmitting  instrument  wa 
■o  spark  was  visible  between  the 
when  talking  to  the  instrument,  could 
""lent  ho  used  practically  for  transmi 
te  speech! 
think  not. 

Morton  no  doubt  told  the  truth  in  this 
vliiuli  is  amply  supported  by  other  ovi.l. 
that  of  Mr.  Johnson,  Prof.  Cross  and  otl 
is  not  anywhere  denied  by  any  one  that 
ml  knowlodguon  tho  subject, 
cm,  p.  Hft,  tells  about  tho  snapping  sou 
lose  from  tho  breaking  of  the  circuit; 
d  articulation,  hut  lie  did  not  know  it. 
herefore,  to  be  laid  down  as  established 

trades  must  separate  and  prod  c  i  1 1  , 

id.  That  tho  electrodes  produce  an  actua 
make  and  break  in  transmitting  music  success 

ltd.  That  (hero  will  bo  a  spark  between 
metallic  points  when  transmitting  music. 

•Ith.  That  tho  humming  of  the  electrodes  is 
absolutely  destructive  of  articulate  spoech. 

•’th.  I  hat  tho  art  or  mode  of  operation  in¬ 
volved  in  the  transmission  of  articulate  speech 
is  a  dilferent  art  from  that  involved  in  the 
transmission  of  music;  hunce,  as  a  corollary: 

(«)  Any  person  that  sought  to  use  for 
speech  a  telephone  that  was  only  adapted  to 
music  was  utterly  ignorant  of  tho  first  prin¬ 
ciples  involved,  and  never  could  and  never  did 

(l>)  Such  person  nevor  started  on  the  art  in¬ 
volved,  and  is  not  entitled  to  any  protection, 
and  any  dosiro  to  transmit  speech  through 
-  electrodes  could  never  bo  realized  until  thoro 
was  an  apprehension  of  tho  principles  in¬ 
volved  in  tho  art  as  distinguished  from  the 
art  of  transmitting  music. 

It  is  probably  true  that  persons  in  these  interfer¬ 
ences,  who  succeeded  in  transmitting  some  musical 
sounds,  thought  that  it  would  bo  desirable  to  trans¬ 
mit  speech,  but  tlioir  efforts  failed,  because  they 
"■ore  not  aware  of  tho  principles  involved. 

Tho  first  clear  understanding  of  tho  art  of  trans¬ 
mitting  articulate  speech  through  electrodes  was 
arrived  at  by  Mr.  Edison  before  ho  gave  the  ordor 
for  Case  130,  March  i!3,  1S77.  This  ordor  will  ho 
found  on  pago  508,  Vol.  If.,  of  Edison's  llecord,  and 
tho  specification  of  this  case  is  believed  to  be  tho 
first  recorded  instanco  where  tho  art  is  sot  forth  so 
that  the  principles  involved  are  brought  to  light. 

Interference  B. 

Interference  A. 

The  hereinbefore  dose, 'ill,.,]  uri  of  Irons, 
wpnKliiciiiK  at  a  distance  sonorous  wi 
itialis  of  uni/  (Jtiseriplitnl,  which  consist! 
•"i'1  '|<  c  ivasinK  tin*  stien«t!>  of  an  i 

t  i""s, sc/,/  eorrespoudimj  in  their  in, 
tressiou  w„l  rvlntire  amplitudes  to  the 
ft  aves  H'h tch  are  to  be  reproduced  at  t 
'Is  ,  U'on  0I*  so  that  oral  convura 

,  ,  <’r,.a,,-v  ‘'^cription  may  bo  tolegmpl 

milto.l  ((fray's  1st,  claim), 
is  is  substantially  the  method  specified  in 
•'••'"'I.  and  is  described  in  the  applicati, 

“'J'ho  hereinbefore  doscribod  improvement  in  the 
art  of  transmitting  vocal  sounds  or  spoken  words 
telegraphically,  which  consists  in  throwing  upon  tho 
lu.c,  through  tho  medium  of  a  varyiinj  resistance, 
electric  impulses  corrospondiiig  to  tho  vibrations  of 
ti  diaphragm  operated  by  tho  movemonts  of  tho  air 
produced  hy  a  spoken  word'’  (Cf ray’s  2d  claim). 

This  is  substantially  described  in  the  application  of 
Boll  and  Edison.  Voelkor’s  1st  claim. 

Gray  (1)  . (About -Jan.l,  IS75.  .June,  t.STlf. 

May,  lS7ii,  Method 
Bull  ( I M ,K',r,). .  April  or  May.  sion  of  wnV^'' 
j  IS“''  March,  ISTfl,  Metli- 

,  L,  U  od  2,  Liipiid. 

Edison  (ISO)..  Feby.,  ISTfl . iBotwoonAug.and 

|  I  Bee.,  lS7r,. 

^  oolkor . iC'liristmas,  1875.  .March,  1S70. 

“  1st.  Tho  transmitter,  consisting  of  tho  combi¬ 
nation  in  an  electric  circuit  of  a  diaphrurjm,  and  a 
liquid  or  equivalent  substance  of  hii/h  resistance, 
whoroby  tho  vibrations  of  tho  diaphragm  causo  vari¬ 
ations  in  tho  resistance  of  the  olcctrie  circuit,  and 
consequently  in  tho  stroiigth  of  curernt  traversing 
said  circuit”  (Gray’s  1st  claim). 

This  is  described  in  tho  applications  of  Edison  and 
Richmond  and  patent  of  Bell. 

“2d.  In  a  telegraph  instrument  operated  by  sound, 
tho  combination  with  the  diaphragm  of  two  or  more 
electrodes  placed  in  electrolytic  liquid  and  operating 
to  increaso  and  decrease  tho  resistance  of  tho  electric 

I  MIS  IS  described  in  the  applications  .»f  liichniom 
:1,"l  »»><•  is  substantially  surest  is  I  in  |;..|r 

{Iff?  <=*>---• . IS.  IS7S. .llnne,  P.7.S. 

Edison.  (Ml)  . . ;Two  pairs  „f  ,.|W. 

|  (roues  usisl  in 

Kichniond  .:....  March  1st,  IS77  Juty'^V  l's" 

„  r  May.rS7S.MMh.Ml 
Moii  (in,.i.i;,). . .  j  jA|;^r  j  i 

(  daily.,  is70.  !  MVch.  |S7«,  Ab  tli- 
'  nil  2.  I.iipiiil. 

Interference  D. 

‘‘In""  oiootro-hydro  tolophono,  the  lltiiil  holding 
' ei  tically  adjustable  tube,  within  which  the  ends  ,.f 
the  platinum  points  are  imme.sed  asset  forib." 
Substantially  described  and  shown  in  Edison’s  appli- 
ation  (No.  M  i)  and  described  in  Gray  (2). 

fc^JO-  Ju'y,  1S75 . j.Wnv,  IS7*i. 

3  U) . poo.  1.'.,  1S7S . Juno.  1ST.;. 

Interference  E. 

1"  au  acoustic  telegraph,  an  armature  plat 
it-  electro-magnet  for  the  same  ..„„i  „  ,.i..,,.,i 

unit  passing  from  the  helix  of  such  electro-magnet 
to  tho  source  of  uudulatory  electric  energy.” 

This  is  the  subject  matter  of  Edison’s  third  claim, 
and  is  substantially  described  in  the  other  applica¬ 
tions  and  the  patent  involved. 


! Alleged  dale  of  (’oil- : Alleged  dale  of  Hu* 
ueptioii.  i  dilution  to  Practice. 

Edison  (MS) . 

Bell  (174,  4 (IS)... 

Dolbear . 

Gray  (:») . 

j.Sent.,  1S7S . Since  Jan.  1,  '70. 

July  and  Aug.  June  2,  Is75. 

IS74 .  ! 

Sept.  20,  IS7I1. .  .  Between  Doc.  ’7(S 
and  Feb.,  IS77. 
Mch.  and  April,  May  and  June, 
1S74 . i  1871. 

Interfex*ence  F. 

1st.  A  telephone  transmitter  consisting  of  a  coil 
of  wire,  one  or  moro  magnets  and  a  disk  or  dia¬ 
phragm  so  arranged  relative  to  each  other  that  a 
motion  of  tho  diaphragm  shall  induce  in  a  coil  of 
wire  an  electric  motivo  force,  in  virtue  of  tho  pres¬ 
ence  of  the  magnet  or  magnets.” 

This  is  substantially  described  and  shown  in  tho 
application  of  Dolliear  and  Gray,  and  patent  of  boll. 

2d.  (Formerly  II.)  “  Tho  combination  in  one  cir¬ 
cuit  of  two  or  more  coils  of  wire,  two  or  moro  mag¬ 
nets,  and  two  or  moro  disks  or  diaphragms,  so  ar¬ 
ranged  relatively  to  each  other  that  if  ono  of  the 
disks  or  diaphragms  bo  put  in  motion  by  tho  voice, 
by  a  current  of  air,  or  otherwise,  it  shall  induce  a 
transient  current  of  electricity  in  its  associated  coil, 
which  current  shall  actuate  tho  other  disks  or  dia¬ 
phragms  in  virtue  of  the  coil  and  magnets  associat¬ 
ed  withjdiem.” 

This  is  described  and  shown  in  application  of  Dol- 
liear  and  Gray,  and  patent  of  Bell. 

Iionic  receiver  consisting 
electric  circuit  of  a  magi 
'ported  iiiiiI  arranged  in  « 
oroby  sounds  thrown  up< 
wl  accurately  as  to  pitch 
Iv  (Irav's  claim.) 
distant  iatly  dcscrihcd  or 
of  Dollioar,  Fdison,  am 

magnetic  statu  hy  tho  inductive  iiilluonco  citl 
a"  electric  cu  ut  o  t  i  )0  )  lent  n  gi 
combination  with  an  clastic  iiuluctivo-plato  or; 
turo,  which  is  rigidly  supported  at  ono  or  me 
its  edges,  while  the  portion  facing  the  poles  c 
magnetic  core  or  cores  is  left  free,  so  as  to  he 
hie  of  responding  to  sonorous  vibrations  travc 
the  atmosphere  or  other  hodies.” 

Tin's  is  substantially  Dolhear's  1st  claim,  a 
substantially-embraced  iu  Bell's  Mil  and  8th  cl; 
It 's  described  in  application  of  dray. 

*1.  Formerly  Iv. ; 

“Two  iron  or  steol  cores  respectively  mot 
upon  the  opposite  poles  of  a  permanent  mngno 
ceiving  magnotism  therefrom  hy  induction,  and 
vidod  with  enveloping  helices  of  insulated 
which  form  a  portion  of  the  main  circuit  in  cc 
nation  with  an  elastic  inductivo  plate  or  arm.' 
rigidly  supported  at  one  or  more  of  its  edges.  \ 
tho  portion  thereof  facing  the  poles  of  the  mag 
■oro  is  free,  so  as  to  he  capable  of  responding  e 
to  sonorous  vibrations  traversing  the  atmosp 
>r  other  bodies,  or  to  magneto-electric  pulsalioi 
uululntions  traversing  tho  helices  surrounding 
nngnetic  cores.”  (Dollbonr’s  2d  claim.) 

This  is  described  and  shown  in  Bell’s  patent. 

•  ■  Mar.&Apl.  187-1  M 
■-■  Sept.  20,  1870.. ;B 

Interference  I. 

•honic  transmitter,  consist 
forming  a  portion  of  tho 

I  Feb.,  1878. 

tell  (ISO,  7S7)..  July  &  Aug.,  1874  Juno  2,  1S75, 
July,  1870. 

‘‘The  combination  with  an  electro-magnet  ol 
•on  or  steol  diaphragm  secured  to  a  resonant  c 

ost  reference  ton  variable  resistance  transmitter,  ami 
vet  lie  decides  (p.  :j:!7)  in  favor  of  Bell,  after  admit- 
ting  that  ho  did  not  have  the  essential  feature  of  the 

IXTKRPamacE  C.  The  interference  is  based  mainly 
on  a  ta/iint  resistance  in  both  counts,  and  it  is  admit¬ 
ted  (p.  -II)  that  this  feature  is  not  in  the  Bell  patents, 
and  that  none  hut  Edison  shows  or  claims  count 
and  yet  on  page  338  a  decision  is  given  for  Bell. 

Intkkkkiiknl'K  E  is  based  on  Edison's  third  claim 
in  application  1-15.  It  not  linntod  to  a  speaking 
telephone,  and  yet  the  Examiner  of:  Interferences 
tortures  the  issue  (p.  -12)  so  as  to  make  it  apply  only 
to  the  art  of  transmitting  speech  (Inter.  A)  and  oil 
that  basis  decides  in  favor  of  Bell.  Edison  know 
what  he  had,  what  he  described  and  what  he  wanted 
to  secure.  The  other  parties  never  made  the  claim 
in  this  issue.  Edison  had  the  device  covered  by  this 
claim  long  hoforc  any  of  the  other  parties,  and  to 
vary  the  issuo  and  construe  it  such  a  way  as  to 
make  the  issuo  something  else  than  Edison  made  it, 
and  to  which  his  application,  claim  and  proof  related, 
is  a  high  handed  proceeding  that  cannot  he  tolerated 
by  your  Honors. 

In  older  to  liavo  oven  a  pretext  for  his  action,  he 
strips  tho  issue  of  its  limitations  (see  p.  13,  line 
<S-S),  which  he  has  no  authority  for,  and  then  at 
end  of  page  -Its,  admits  that  the  claim  is  not  limited 
to  an  articulating  transmitter,  and  finally,  when  the 
decision  conics  to  bo  announced,  it  is  based  on  an 
articulating  transmitter  (p.  341). 

iNTKitKKimxcK  G  is  decided  in  fa  vor  of  McDonough 
on  tho  ground  that  the  issue  relates  to  the  doriecs 
irrespective  of  uso  for  an  articulating  transmitter. 
No  decision  could  have  been  rendered  in  his  favor  if 
tho  count  had  been  adhered  to,  becauso  McDonough 
did  not  have  tho  devices  of  the  counts,  he  did  not 
have  a  “  tclophonic  receivor,”  in  which  “  son  nils 

'"iioinici*  now  unit  lor  mto  Ins  npplictit  ion  s«.  a> 
nmko  it  apply  In  the  shaking  telephone.  ami  n 
withstanding  tin*  fact  that  his  device  never  was 
spooking  capable  of  reproducing 
accurately  as  to  pitch  ami  quality,  still  ho  deride.- 
.McDonough's  favor  upon  an  apparatus  that  aero 
ingln  his  own  admissions  never  could  till  the 
qiiircments  of  the  count,  for  nothing  Imt  a  sjsoi.i 
/c/ry./.oiir  cum  or  ever  did  re/irotlnce  accnroh  ly 
the  sounds  as  la  idieli  and  t/nalitt/. 

Intkkfeiikxcb  J  is  decided  in  favor  of  Bell:  Kdis 
makes  the  claim  of  this  count  in  his  application  I 
ho  shows  a  resonant,  case;  the  ease  is  made  one 
mad  of  the  claim.  The  Examiner  of  Inteifci.’ii. 
ignores  this  element  because  tile  other  parties  do  n 
show  resonant  case.  That  they  do  show  a  rase  at 
that  every  case  has  more  or  less  resonance,  must 
admitted,  and  yet  this  lucid  Examiner  of  Jnterf. 
ences  (after  knocking  over  the  sign  post,  sets  it  i 
again  the  wrong  way)  leaves  out  the  element  i 
ferred  to  and  decides  in  favor  of  Bell,  because  he  h: 
an  iron  armature,  notauiron  diaphragm  as  the  K: 
aimner  of  Interferences  calls  it. 

The  same  reasoning  is  pursued  in  Interference  I 
and  the  additional  falacy  brought  forward  that  Ml 
’°n  abandoned  his  devices,  when  the  whole  ev 
lence  shows  diligence  and  persistence  on  his  par 
and  constant  use  of  the  features  in  question. 

1  think  I  h.avo  shown  enough  to  convince  yoi 
Honors  that  the  whole  decision  of  the  Examiner. 
Interferences,  in  the  matters  decided  against  M 
I'Mison,  is  utterly  unworthy  of  any  credence,  as 
darted  from  false  promises  and  ended  in  a  muddl. 

Brief  of  Argument  in  Behalf  of  Edison 
in  each  Division  of  the  Interferences. 

Mr.  Gray  is  responsible  for  the  wording  of  inter- 
rorence  A.  It  is  particularly  objectionable  and  un¬ 
happy:  it  mixes  up  the  transmission  of  articulate 
sounds  with  music  and  every  other  sound,  and  it 
applies  to  the  art  and  not  to  tlio  devices. 

The  issue  should  ho  divided  into  two  parts: 

1st.  Tlio  art  of  transmitting  sounds  electrically  in 
a  circuit  containing  telephonic  receiving  and  trans¬ 
mitting  Inst  1 1  co  t  „  i  o  it  t 

to  an  electric  current  upon  a  lino  undulations  cor¬ 
responding  to  the  sound  waves  in  the  atmosphere, 
without  interrupting  tho'current. 

•id.  The  method  of  transmitting  sounds  electri¬ 
cally  in  a  circuit  containing  transmitting  and  receiv¬ 
ing  instruments,  consisting  in  varying  the  electric 
condition  of  the  line  by  induced  currents  set  up 
by  the  movement  of  an  armature  adjacent  to  a 
magnet  and  helix  connected  with  tho  line. 

If  this  had  been  douo  Mr.  Edison  would  have  said 
let  Mr.  Bell  have  theso  claims,  so  far  as  lie,  Edison, 
was  concerned,  and  let  Mr.  Gray  contest  the  ques¬ 
tion  with  Mr.  Bell,  if  he  desires  to  do  so. 

Mr.  Voulkcrs  never  had  any  device  to  which  either 
of  the  foregoing  counts  could  apply.  The  Inck  of 
conciseness  in  the  declaration  of  interference  has 
opened  tho  door  for  Mr.  Voelkcrs  to  come  in,  and 
this  rendered  tho  questions  between  Bell,  Gray  & 
Dolbear  unnccossarily  confused. 

So  far  as  the  wording  of  the  interference  A,  as  it 
is  officially  STATED,  is  concerned,  your  Honor’s 
attention  is  directed  to  the  next  point. 

Probably  there  is  not  one  of  the  present  contest¬ 
ants  that  understands  the  use  of  language  hotter 
than  Professor  Bell,  yet  in  his  application  filed  Feb¬ 
ruary  I  t,  1870  (patent  No.  17-1,4115),  he  does  not  say 


ml  urhcnlnle  speech;  I  In;  patent  i- 

°»b'  l«*  suppose  tile  teleplione  sv> 
patent:  Hie  iindulntorv  current  i 
III, 777,  granted  in  |S7;j,  is  a  liar 

I  the  claims  in  this  Hell  patent  In 
U  your  Honor  here  to  compare  tl 
'thing  in  the  Hell  patent,  171. IC. 
iy  information  as  to  the  art  of 
"lute  speech,  and  it  ought  to  I 
the  present  interferences.  i!-Ve 

18.  utd  other  testimonv  >■ 
"eh  as  Watson,  Hell’s  own  wit  a. 

'IPs  second  patent.  No.  iso. 7*7,  j. 
•idonre  clearly  proves  that  the  d. 
’•  1,  2  and  :t,  are  the  same  as  tin 
ieation.  No.  Ms,  Kig.  2.  These  d. 
•  Edison  and  used  in  November, 
ihils  A,  A',  shown  on  pages 

'era live  instruments,  and  weie  pm 
iHy  and  partially  hroken  con.l 

of  Hell  shown  in  these  figures 
il  October  or  November  of  1ST 

II  priority  of  invention  for  Edison 
"ter.  A,  and  also  in  all  the  count 
"Iters  are  contained.  These  are 
o  in  connection  with  Interforenn 

'  "ttompt  to  transmit nrticulntespi 
’»  IS7G,  and  Edison  had  preceded 
his  ofTorts,  and  Dolbear  did  not  I 
JS7G;  therefore  ho  may  ns  wel 
il  on  the  shelf. 

mission  of  sounds  tolophonicnlly,  where  there  is  a 
rari/imj  resist  wive  to  the  electric  currents,  corres¬ 
ponding  to  and  resulting  from  the  movement  of  the 
air  in  spoken  words. 

This  varying  resistance  must  be  distinguished 
from  a  neutralizing  electric  force.  In  case  A  it  is 
to  he  understood  that  the  induced  current  opposes 
and  neutralizes  or  partially  so  the  current  on  the 
line,  or  on  the  other  hand  augments  said 
current.  A  resistance  to  an  electric  current 
can  never  lie  so  applied  as  to  augment  the  cur¬ 
rent,  hence  wo  are  to  understand  this  Interference 
H  as  distinguished  from  A,  to  the  extent  that 
a  continual  flow  of  the  electric  current  is  resisted 
more  or  less,  and  so  made  to  pulsate. 

Interference  C,  count  I,  brings  into  combination 
with  the  diaphragm  a  liquid  or  substance  of  high 
resistance;  and 

Interference  C,  count  2,  defines  the  two  or  more 
electrodes  as  placed  in  the  electrolytic  liquid— and 
receiving  motion. 

Those  threo  counts  are  only  slightly  varying 
phases  of  the  samo  subject  matter,  and  I  propose  to 
treat  them  togothor  so  far  as  all  the  parties  are  con- 
corned  except  Voolkors. 

In  the  Edison  Patent,  No.  111,777,  of  187.1.  the 
resistance  is  brought  into  the  electric  circuit  and  t  he 
resistance  is  varied  by  a  movement  and  the  current 
made  to  pulsate. 

In  June,  lS7f>,  Edison  conceived  the  invention  of 
combining  this  dovico  with  the  Hois  Telephone;  that 
is  the  dale  of  conception.  This  evidence  is  found  on 
page  G  of  Edison’s  record.  J11  November  or  Decem¬ 
ber,  1S75,  ho  mndo  the  water  telephone  and  demon¬ 
strated  tliat  (ho  devices  could  be  operated;  many 
more  were  made  in  1S75-G.  Exhibit  Water  Tele¬ 
phone  Instrument  is  one  of  them,  page  518,  vol.  2. 

Exhibit  C— tl,  Novombor  1G,  ’75,  shows  the  points 
at  issue,  tho  resonant  dovico  being  a  bar. 

Variable  resistance  is  shown  in  same  combination 

m ©bUky^feL 

.  itsisianca  to  pulsate  an  tiuhiokcn  current 
:*'1-  K'lison,  pji.  12  to  16,  Vol.  I. 

Uso  1  li-polarization of  Batten-,  November  IT.  1ST*  :t-|0, 

did  not  attempt  to  transmit  articulate spun 
HI  rohriinry  11.  187.;,  and  I  fail  to  find  any  devil 
responding  to  tin;  issues  in  these  cases  prior  I 
caveat  and  sketches,  February  II.  is  VC.  Clen 
therefore,  Kdison  antedates  Gray  on  the  mini 

,WI  had  any  varying  ri.sistain.-e  in  li 
nit,  except  the  piano  string  resistance,  whir 
-  not  proposed  for  use  in  the  combination  callc 
in  these  cases,  and  ivas  a  simple  experiui.  i  t  tin 
■  never  repeated.  Jiell  claims  to  have  n,-.  d  III 
V  lvsi-stanee  in  .March,  1S7«,  and  never  pr,,-ecl 
it  •  This  was  four  months  after  Kdison  used  th 
'  an,l  three  yearn  after  his  water  ivsi-ianc 
ml  of  1S73. 

ichinond  has  taken  no  evidence,  and  by  bis  prr 
"ary  statement  he  did  nothing  until  It»77. 
iighsh  patent  No.  M  or  isns,  referred  to  by  Voel 
is  simply  a  water  rheostat,  and  Hois  device  Inn 
anable  resistances:  neither  applies  to  this  count 
•Mk-ers  never  had  any  variable  resistance  « /Tin. 
’  ami I  furthermore,  his  devices  were  not  made 
( all<l  were  undeveloped  cx|tcriniL>n(s:  anil 
L>  )vaa  110  'liligence  in  adapting  or  |ierfectiiig: 
•o  lie  has  no  standing  in  thoso  cases. 

a,onu»  i»  the  fi list  inventor,  and  entitled  to 
-'  "o'1  m  cases  B  and  C. 

low  Propose,  more  fully,  to  consider  the  position 
ohiJCKiis  rx  Intkkkkiikxces  No.  1,  and  A  asp  H. 

regard  to  interference  No.  1,  it  is  to  be  remarked 
11-0  clalM1  hns  been  made  by  Air.  Blake,  it  lias 

not  been  made  by  Mr.  Kdison,  and  it  is  compote! 
to  call  attention  to  the  impropriety  of  raising  sue 

A  spring  forming  or  carrying  one  electrode  of  tli 
— .c...t  telephone,  and  constantly  prossiu 

against  tho  other  electrode  and  a  diaphragm,  and  a 
initial  pressure  are  old  devices. 

On  jingo  216  of  evidence  for  Voelker  &  Irwin 
there  is  a  picture  of  the  Hois  transmitter,  copioi 
from  "the  Kepnrtof  the  Physical  Society  at  Frank 
fort,  J  800-1.  The  description  is  as  follows: 

“  In  tho  cubical  block  of  wood,  r,  s,  /,  n,  v.  iv.  .i: 
“  there  is  a  conical  perforation  a,  closed  at  one  em 
by  a  membrane  b  (pig’s  intestine),  upon  tho  mid 
“  die  of  which  there  is  cemented  a  conducting  stri| 
“  of  platinum;  this  is  connected  with  the  biudiii; 
“  screw  p.  From  tho  binding  screw  n  another  I  hit 
“  strip  of  metal  extends  unlit  over  the  middle  of  tin 
“ membrane ,  and  ends  here  in  a  platinum  tvin 
“  placed  at  right  angles  to  its  length  and  surface.’ 

Tliore  is  a  modol  of  this  instrument  in  this  case, 
produced  in  behalf  of  Voolkors  &  Irwin,  which 
shows  this  Hois  instrument,  and  your  Honor  wil 
see  that  it  contains  this  count  of  the  interference. 

It  will  bo  found  that  this  evidence  was  introduced 
on  the  rebuttal,  and  was  the  very  last  testimony 
taken,  viz.:  on  May  11,  1881,  and  there  was  no  op¬ 
portunity  to  make  any  motion  to  dissolve  this 
branch  of  tho  interference  before  that  time,  and  it 
appeared  preferable  to  await  the  hearing  of  the 
case,  and  not  complicate  or  dolay  matters  by  inter¬ 
locutory-  motions,  and  to  depend  on  your  Honor  un¬ 
der  Rule  120,  calling  the  attention  of  tho  Commis¬ 
sioners  to  this  statutory  bar  to  this  particular  point 
of  interference. 

Ill  this  Rois  instrument  there  is  a  “  thin  piece  of 
meted,”  which  cannot  help  being  a  spring  to  tho  ex¬ 
tent  of  yielding  with  tho  movements  of  tho  dia¬ 
phragm,  or  olso,  if  it  bent,  and  staid  bent,  tho  very 
first  movement  would  so  soperato  tho  electrodes  that 
thoy-  would  hot  touch  acrain:  thero  is  an  electric 

know  'ilmiiTvr'  ,mlsl’  ,""1 1,0 “VlmiVVVh’.t 
ofitlwS 'Jf'”""  >""l  Hie  public 

lom,,inn;iHed  with  Mr.  Invin 

■•null,,  July  of  IS77,  of  Ellison's  ,-nrl»..i,  „ul 

device;  tint  lie  was  „.,t 
protect  ion,  „„d  he  01ljv  ei.toicl  Hie  liil.l 
'ecp.esf  of  interestuil  parties  to  trv  a  I  k 
Vonn  "ms,‘ ,n,orflTOn«*  tee  Vo' Ik ' 

e  count,  in  Interference  .1, 
but  it  is  the  art  of  tmnsmitthig  "  I 
11  ls  apparent  tlmt  Voolkors  was  emleav..,- 
'  transmit  speech  by  adjusting  (ho  parts tngive 
K,  and  breaking  the  I  have  shown. 

.1  in  i'i  ",  noss>  that  speech  can  never  he  iiaii- 
that  man  nor.  There  is  no  provision  in 
isineM10  \00lko'*  ‘kviees  for  "increasing  and 
M  .d  f.  M  t‘"Elh  °fn"  elect,'i‘:  ci.riont,"  n. 

°  J°  tho,  so"orous  waves,  “so  that  oial 
.  ”  ca"  he  tninsinitled.” 


^./  '  tod;  there  is  not  one  of  them  that 

.  “‘"“'"'fi  “  ourrent  and  pulsating  i. 
ml.?".  ,  articulate  sounds. 

admitted  substantially  by  Voelker's  counsel 
.  4M*  U,U|  tho  receiver.  Hero  Hu*ir 

SVES*  11  ~ 

cei\-erU/n  h|n8-e.lf,lcen  a  1{ois  rocoi™r  or  ;l 

r  oi*  nntf  t-i  i  **.  I0SU  "rould  havo  pro  veil 
1  tho  fault  "’as  in  tho  transmitters. 

Vuolker  experimented  to  March,  |S78,  which 
was  nearly  a 'year  after  Edison’s  application  No.  130 
was  filed,  April  27,  1377,  nine  months  after  No.  M  l 
was  filed,  July  20,  1877,  and  six -months  after  No 
M4  was  tiled,  September,  IS77. 

Edison  was  tho  originator  of  tho  dovicos  that  cor¬ 
respond  (o  the  count  in  Interference  No.  1  beforo 
either  of  tho  contestants.  Ho  had  several  springs, 
one  hearing  against  another,  and  a  circuit  passing 
through  tho  electrodes  on  tho  springs  (sco  Caveat 
71,  filed  December  2,  1S75),  which  was  before  Voel- 
kers  did  anything.  Whether  tho  springs  are  acted 
mi  by  a  reed  or  other  vibrating  body,  the  action  on 
the  circuit  is  tho  same  (sou  Edison’s  evidence,  pages 
=IS,  39).  Tho  oxhihil,  152-15.  shows  tho  diaphragm 
and  spring.  This  was  made  in  November,  1875. 

The  devices  in  English  patent  No.  2!I0D,  granted 
to  Edison.  July  30,  1877,  show  tho  subject  of  Inter- 
torcnco  1,  two  years  before  Voelkcrs'  application 
(see  Figs.  9,  10,  11,  Hi,  m  and  25). 

^  The  [latent  No.  203,013  of  Edison  shows  a  spring. 
Ex.  10-11  has  a  spring  to  vary  resistance.  Tho  de¬ 
vice  in  Fig.  12  of  his  caveat  No.  7-1  also  shows  this 
count.  Soo  also  patent  203,014,  exhibits  42-11, 
100-11,  112-11,  2-12.  0-12,  105-12,  1S8-12,  7-13, 
42-13,  112-13. 

Voolkor  claims  that  lie  was  tho  (list  to  use  a  metal 
diaphragm  and  adjustments  for  electrodes;  this  is 
absolutely  incorrect.  Edison  had  adjustment  for 
vibrating  armature  in  1S73.  (See  patent  No.  141,- 
777,  also  metal  diaphragm  in  November  and  De¬ 
cember,  1S75,  Ex.  A.  Al. 

Voolkors’  first  metal  diaphragm  was  in  May, 

Soo  also  Edison’s  patents  108, 0S0,  180,330,  19S,- 
OS7,  and  1S2,90G,  all  filed  in  April  and  May,  1S70, 
“ml  showing  devices  similar  to  tho  metal  diaphragm. 

Caveat  74,  filed  Jan.  14,  1S70,  describes  dia¬ 
phragm  of  motal  to  resonant  case,  and  devices  for 
adjusting  some  of  them. 

spcak'ntf  lolophono,  and  ||,o  result  vvns  ,i 
telephone  yet  produced. 

Tlio  particular  lino  of  Alisons  efforts  ha . 

varied;  it  remains  unvaried  to-dav.  Hjsmvi 
BCWtte  expresses  it  on  pages  II  of  Ids  evidence. 
hm!Kh  >  fro,n  “'-st  to  last,  to  maintain  on  thelii 
unbroken  circuit,  and  a  rise  and  fall  of  electric  .- 
">'i  corresponding  exactly  to  the  ntmoopli.-ri* 
n banco  by  the  voico  in  articulation.  I {.- 
very  well  acquainted  with  the  musical  telephone. 
olographs  tlnit  had  preceded  him,  and  he  ha. I 
nee"  engaged  in  constructing  and  using  coii-ti.- 
graphs  wherein  t  he  circuit  was  maintained, 
u  '"lomiplion  of  the  transmission  of  - 
mer  the  hue  would  not  interfere  with  the  Iran- 
"  V . ,,lllor  ",a'S:  te  I 'a  tent  .No.  Ins, oss  j„ 
<lnee.l.nevid,mee  in  this  case,  clearly  shows  ,  | 
'•‘ets.  ]  his  was  applied  for  April  il,  |& and  sh. 

..  cjanpkae  system.  This  was  about  the  i 
'  °rolk<-,|'s  commenced  his  efforts. 

H  appear  that  Mr.  Irwin,  the  financial  hank. 

•  '  know  what  Voelkers  was  Irving  ... 

Ho  took  lmn  into  his  employ  in  January  of  187s. ; 
i  ted  \  oclkers  various  electrical  t  nips  to  see  w] 
;ere  were  of  then,.  Irwin  was  amply  able  to  h, 
o  oxponse  of  applying  for  patents  on  all 
onti  nances;  Voelko.s  cannot  plead  povertv  w 
as  lus  financial  hanker.  He,  Irwin,  puts 
s  application  now  in  interference,  May  il,  IV 

^rrsc:rt,wt  t,,ufirat  ■«***" 

Meanwhile,  Edison  had  filed  in  1S70  and  l> 
iy-tour  applications,  twenty -six of  which  reiat. 
li'rhsllf ,C  ?"d  sl)oa,<i"K  telegraphs  and  telephone 
■esenf  u  i  ,  otm  of  ,lleso  *'nd  been  patented,  tl 
esuit  into, foie, ices  had  been  declared  March 
>  *1  ana  a  half  before  Volokors  filed  one  . 

,  .  , ,  ,  " 111  nan  neon  tiled  and  ha 

been  open  to  the  public  for  four  inontlis  before  tli 
date  of  voelkers'  application  of  September  2(ith  187' 
anil  having  access  to  the  Mies  of  all  the  pending  intei 
eroncos  Ins  counsel  having  been  the  counsel  Co 
hichmoiid,  who  was  liist  included  in  these  intei 
lerences,  does  it  appear  strange  that  he  could  go 
these  old  exhibits  just  far  enough  hack  to  entai 
great  trouble  on  the  other  parties  in  the  contest 
Hut  in  Ins  efforts  ho  has  failed  to  establish  that  hi 
ever  made  an  invention  in  the  eye  of  the  law  as  ex 
plained  in  the  early  part  of  this  argument.  He  neve; 
"'ado  ii  discovery  because  all  that  ho  did  had  h-ei 
done  by  Hois  fifteen  years  before  him.  He  did  no 
know  m  1S70,  nor  even  in  ISSn,  when  his  evidenc. 
was  taken,  what  wore  the  necessary  principles  in 
velvet!  in  tlio  art  of  transmitting  and  leceivinp 
speech  electrically,  and,  singularlv,  with  all  tin 
herculean  efforts  that  havc^heen  put  forth  to  estab¬ 
lish  his  position,  ho  is  antedated  clearly  by  Edison 
in  every  particular. 

In  the  matter  of  public  knowledge  and  use  of  the 
devices  in  controversy,  Voelkers  should  he  excluded 
from  prosecuting  his  application  of  September  i'll, 
JS7t).  In  Juno,  1877,  the  “Journal  of  the  Tele¬ 
graph  ”  published  a  drawing  of  Edison’s  pressure 
relay,  and  spoke  of  his  spoaking  telephone1  (see  page 
1129  of  vol.  2).  In  July,  1877,  the  researches  of  Hell, 
Gray  and  Edison  are  spoken  of  in  numerous  publi¬ 
cations,  and  tlio  “Journal  of  the  Telegraph  ”  (page 
•130)  sets  forth  tlio  features  of  Interferences  1,  and 
A  and  B.  Tho  Edison  telophouo  was  put  into  pub¬ 
lic  uso  Seplomhor  2,  1877,  as  shown  by  the  Sunday 
“  Trojan  ”  of  that  date  (page  (133,  vol.  2).  Besides, 
all  that  was  dono  by  Bell  at  the  Centennial,  and 
publicly,  more  than  two  years  before  the  applica¬ 
tion  of  Voelkers.  Bocauso  Voelkers  stood  hv  for 

"...  ■  .i.i-i  »>  I  I  < >1 1 1  Mil*  1UU 

anil  alonjr  wiili  him  must  jr0  ^\v  j,. 
i"  is  antedated  l.y  the  words  of  the 
is  wiik  done  | ho  contest  would  remain 
and  Wake,  and  it  is  utterly  useless 
ime  in  considering  him  in  this  into  Edison's  application  X„.  j 
the  Mthjeci  matter,  and  much  els,-.  - 
•  11  -vui"'  before  lilake  did  nnv’tli 

iy  he  contended  on  the  part  of  Voelk 
had  not  showed  the  puhlie  use  of  tin 
iti‘il  in  liis  prosunt  application  Xu.  M 
ecessary,  When  an  »pplication  for  ; 
es  the  inode  of  operation  of  an  insti 
s  the  same  so  that  otliurs  can  under* 
■■s  not  whether  the  device  has  ev, 
u,d  10  ivndur  <|uestionahle  the  right 
on  the  records  of  the  ollice,  posili 
""Jd  have  to  he  produced  to  show  tl 
i  the  application  would  he  absolute!; 

is  also  ample  evidence  to  show  that  I 
this  application,  No.  I  ll,  have  boons 

pparatus  (Ex.  S_o,  Nov*  10,  iST.M  v 
“''l0  l'l,m  ns  the  devices  shown  ii 
•plication  Hi,  only  the  diaphmgn 
hy  a  tuning  fork,  the  known  cquh 
ant  hase  in  Ex.  10— 9,  Nov,  IS,  is;; 
ng  levei-s  and  contact  points  are  thee 
'  reed  and  springs  (Ex.  29,  9)  are  e 
ns  tho  devices  in  the  Application  1 
pposmg  springs  and  the  vibrating 
them.  The  vibrating  body  move 
nd  causes  the  variations  in  the  o 
«nil  as  these  were  actually  ope 
inde  before  Voolkons  commencnd 
they  carry  great  weight,  not  only  ai 
c  Application  No.  Mi  itself,  hut  n! 

niately  helore  the  application  111,  of  July  20.  is;; 
show  tho  use  with  the  diaphragm  of  the  sam 
springs  that  had  boon  used  with  tho  reeds  in  is  7; 
andthosu  instruments  were  operative,  and  there 'i 
notone  word  of  evidence  to  show  that  the  porter 
operative  character  of  the  devices  of  this  applica 
tiou  can  ho  questioned.  ' 

1  now  propose  to  glance  hrielly  at  the  other  divi 

III  regai',1  to  Interference  D,  tho  count;  is  no 
limited  to  any  combination  of  devices;  it  relates  tr 
an  adjustment  of  the  electrodes  in  the  water. 

Tho  device  is  suhstantiallv  met  by  the  screw  /'  in 
Edison  Patent  Ml,;;;,  winch  varies  the  distance 
between  tho  electrodes;  whether  tho  tube  is  moved 
or  not  makes  no  dift'cronco  in  tho  operation. 

Edison,  however,  antedates  Clray,  because  Exhibit 
Water  Tolophono,  tho  first  of  which  was  made  in 
Nov.,  lS7a,  antedates  Gray  more  than  two  months 
on  the  ontiro  dovice,  and  I  fail  to  find  any  evidence 
of  tho  adjustability  of  Gray’s  water-holding  tube 
prior  to  his  application  No.  1,  Oct.  29,  1S79. 

So  faros  the  count  in  Interference  G  is  concerned 
hero  is  no  difference  between  it  and  the  Heis  device, 
except  in  tho  use  of  a  diaphragm  instead  of  a  plate. 

Poll  did  not  have  a  diaphragm  in  close  proximity 
o  the  magnet  until  latter  part  of  1S70.  when  the 
levicos  shown  in  patont  1  SC,  78 7  were  made,  lii  Fig. 
Of  Patent  lM.-Klfl  tlmmiso  uniuii-nlnm-innliim 

AH'.  IHJIV  Will  probably  contend  that  his  w: 
msim  is  a  diaphragm,  and  that  his  blacking  |„»\  a 
'as  a  diaphragm.  It  lias  evidently  been  Mr.  lira 
>ur|Hisi>  in  making  I  ho  claim  in  <|Ufstion  l<>  cmpl 
•mis  that  are  not  correct.  If  any  |)orson  wishes 
sc  '‘it  her  of  his  original  ilovicos  in  a  telephone, 
resume  Mr.  Cray  will  furnish  all  the  wash 
"'!  I,l:,,;klll«  ''OSes  ih-sireil.  hut  it  is  siihmittcl  Hi 
"linary  judgment  should  hoapplied  to  this  uintti 
id  a  diaphragm  should  lie  interpreted  as  uu-anii 
,:l.*  "••icli  the  word  implies,  viz.,  a  thin  roin 
tide  and  a  case  that  supjiorts  it. 
hdison  is  the  first  to  provide  this  device.  Ii  is 
x  Hints  A,  A1  and  was  madu  in  November.  is: 
",  "as  'Hiidical  and  operative  in  everv  iv-p.-c 
111  multitudes  or  ot  hers  were  made  after  Hi: 

hdis< m's  Elis.  A.  A 1  were  adapted  to  and  di 
reive  composite  tones  and  speech  was  heard.  -« 
i  1.  p.  -7.'.,  Vol.  ii,  Ints.  !*,  10,  It;  Johnson,  p.  ii~: 
iddlep.  284  and  Imttom  p.  2S5). 

I'liese  Ehs.  A  and  A  >  were  connected  up  during  1 1, 
.uni nation,  and  one  was  used  as  a  transmitter  an. 
'  !,s  il  'uceiver,  and  in  their  damaged  dirt 

,  !  .n  "  0'  ked  well  (see  pp.  tttlS  and  :«»»,  Vol.  2) 
priority,  therefore,  is  claimed  for  my  client  on  I  hi 

h>  far  as  Mr.  McDonough’s  evidence  may 
smd  that  he  had  a  diaphragm  and  a  magnet  ii 
,u  jooxiniity  thereto,  but  his  device  was  only 
lerunental;  it  never  rose  to  the  dignity  oC  an  in 
it'oit,  and  the  magnet  did  not  act.  on  the  din- 
*»B,'i,  hut  upon  an  intervening  piece  of  iron, 
a  man  is  to  ho  permitted  to  bring  into  this  con- 
-Crsy  a  device  said  to  have  beon  commenced  in 
!  ’  mm.  Ia,,l  aside  from  then  to  1S71,  and  then  laid 
'e  again  till  1S75,  there  will  he  no  protection  to 
mt  property.  Besides  this  there  is  no  evidence 
-  clJonough  ever  did  anything  that  was  useful 

or  operative,  his  devices  were  of  the  crudest  kind 
and  did  not.  accomplish  any  useful  object;  they  wen 
mere  toys;  he  has  divided  his  application  and’  takei 
his  patent  No.  24S.002,  Oct.  4,  ISSt,  for  the  onh 
novelty  he  had,  and  ho  is  not  entitled  to  any  I'm  the 

McDonough  had  a  circuit  breaker  and  nothin; 
that  could  he  used  to  transmit  or  receive  speech.  In 
terferonce  G  implies  a  transmitter  capable  of  send 
ing  composite  and  all  kinds  of  tones,  otherwise  i 
relates  to  an  inoperative  combination. 

Edison  did  have  devices  that  scutall  kinds  of  tone* 
and  sounds  over  a  closed  circuit  hy  the  nunicrom 
reeds,  and  they  were  heard  in  Nov.  and  Dec.,  1S75 
There  is  no  evidence  that  Gray's  device  was  usod  foi 
other  than  musical  tones  or  that  it  was  capable  ol 

Edison  was  the  first  to  have  an  instrument  cap 
able  of  receiving  all  kinds  of  tones  and  sounds  am 
hat  was  actually  used  for  that  purpose. 

In  this  lNTRitPKKEscK  J  tho  diaphragm  is  to  hi 
secured  to  a  resonant  case;  it  is  to  bo  of  iron  oi 

Bell  did  not  have  any  such  device  until  November 

Dolbear  had  nothing  until  October,  I87i>.  Gray 
had  a  tin  wash  basin  which  does  not  moot  the  counts, 
and  his  blacking  box  was  not  a  practical  device,  was 
experimental,  never  prosecuted,  nbvor  was  capable 
of  useful  application,  and  on  the  principles  hereto¬ 
fore  laid  down  never  was  an  invention  in  the  eye  ol 
tho  law  and  not  entitled  to  protection. 

Edison  had  this  iron  diaphragm  in  November, 
1875;  itjis  in  Exhibit  1  and  2,  and  its  uso  has  been 
shown  practically  from  that  timo  down  to  tho 
present;  hence  I  claim  a  decision  for  him  on  this 

r* nvw  . . — 

'  .inccs,  l."t  not  Hi.-  combination  of  the* . vices 

?'  10  ,,fi  npl'l'cntirtn  or  Febrimrv  H  is;,-, 

"“‘-y  llas  »ot  shovvii  „  prnclirai  use  of  ,hrse  do 
J'S;  ,U!  ‘•xP,!r»"onloil  with  l.oll,  magnet  armature 
wise;  Ik;  has  not  shown  that  tho  armature  was 
“i"  , r"  ■'  Ku"  h.-  o.,r  I lii 

-Mtm-w  Mi. . . 

is  thcTOfcv  claimed  that  Edison  is  .•mill,.,!  to 
lose  claims;  they  are  rlaims  t  hat  he  has  asked 

.  1 .  1,1  •''ovemher,  I*;,. 

.  ‘r  J\x  ,,t'  1,1  contains  all  ih.  de- 

"',s  ,SS11U;  I"!  stands  reel  I  v  alone  in  the 
.t  ,Z  "r?  f0,;,1lurus-  “ml  1,0  sI'OKld  have  them. 

,.  "f  1,10  °Uior  contestants  has  given  |,roof 
lor  use  of  the  subject  matters  cltiimcd. 

Intkki-kukxck  M. 

loom.0  fms.ron1,mno<1  in  an  indefinite  posit  i . 

has  ..Hy 1 ,"‘0S?nt sot  of  cases.  Mr.  Her- 
‘  »  °,  ,011  ,u'y  evidence.  Edison  has  proved 

e  or  plumbago  i„  1S75,  fronl  thon  1R 
'  present  time. 

l  app'icatio"  So.  130,  filed  April  27,  JS77,  sets 
U,°  llso  or  plumbago. 

Many  of  the  points  |  re  o  t  1  l.y  counsel  tor  Mc¬ 
Donough  have  been  gone  into  exhaustively  by  coun¬ 
sel  tor  Bell  in  the  printed  arguments,  it  is  therefore 
unnecessary  here  to  consume  time  on  those  points. 
1  simply  say  that  the  evidence  is  clear  from  McDon¬ 
ough  specification  that  his  transmitter  was  only  a 
circuit  breaker,  and  never  could  ho  used  to  transmit 
speech,  and  never  was  so  used.  It  might  have  trims- 
nutted  music,  and  the  listener  supposed  he  heard 
the  words.  McDonough  distinctly  sols  forth  that 
he  has  a  circuit-breaking  transmitter;  there  is  no¬ 
where  any  intimation  that  ho  had  a  device  to  pm- 
duce  rise  and  fall  or  tension  without  break  of  circuit 
or  interruption  or  current. 

Edison  had,  in  IS73,  done  more  for  the  successful 
development  of  tho  /.r/ac/ph-.s  of  the  telephone  than 
McDonough  evor  did. 

Edison  had  the  rise  and  fall  of  tension  in  the  cir¬ 
cuit  in  his  patent,  granted  in  1  S7;t.  long  before  Bell; 
he  availed  of  tho  same  thing  in  tho  quadruplex  of 
IS7-1.  and  in  the  acoustic  telegraphs,  the  patents  for 
which  are  in  evidence,  and  were  compioto,  useful 
devices.  And  now  comes  the  amusing  part  of  the 
case:  after  McDonough’s  counsel  had  hoard  the  ar¬ 
guments  before  presented,  and  saw  that  a  circuit 
breaker  was  fatal  to  his  client’s  claim,  ho  adroitly 
tries  to  manufacture  an  invention  for  his  client  by 
calling  your  Honor’s  attention  to  the  wonderful 
properties  of  Ocrnian  silver. 

t  remember  well  when  old  Dr.  Fiiytchwanger 
created  great  excitement  over  his  Gorman  silver, 
and  people  were  afraid  they  might  bo  deceived  and 
take  German  Silver  in  place  of  tho  genuine;  it  was 
soon  found  to  tarnish,  and  it  novor  had  tho  right 
tttXG;  so  tho  claim  of  McDonough’s  counsel  that 
German  silver  is  the  important  thing,  is  destined  to 
tarnish  under  tho  light  of  investigation. 

He  says  that  it  has  greater  resistance  than  pla¬ 
tinum.  Well,  suppose  it  has,  what  difference;  ho 
docs  not  tell  us  what  benefit  results  from  the  resist¬ 
ance.  Perhaps  lie  did  not  remember  that  a  coil  of 


I  rirr.  Lj) 

tl>"  |«iKsngo  «.f  tin*  I'lcel licit  v  mid  ,,WtT 
"  ut'<rssary  to  increase  the  hatterv  power. 

The  (iceman  silver  becomes  like  a  ;•/„,*/,,/  w. 
sistmicu  in  a  telegraphic  circuit,  and  nothing  ni»n>. 

To  illustrate,  I  have  a  large  pipe  through  which 
batons  Mowing;  I  cut  a  section  out  of  that  pipo 

;""1  I'"*  “  •"•»«  PM-*;  now,  one  of  two  thiiiBs 

must  happen,  the  How  i.r  water  will  he  lessened  to 
the  capacity  of  the  small  pi|>e,  or  else  the  power 
"‘"s'  '»  J'wntuw.1  to  drive  the  water  faster  1 1, rough 
tile  small  pipe  to  keep  up  the  flow. 

There  is  nothing  variable  in  the  conduct ivitv  of 
■criiiaii  silver  under  variations  a(  motion  or  press- 
mv,  anil  the  only  result  is  ,,  irasle  Istlleri/  eneiyii 
exerted  to  overcome  resistance. 

McDonough's  circuit  breaker  is  illustrated  cxadlv 
nM'.dison’s  evidence,  ijuest ions  217,  e|s,  c.|:‘  anil 

A  l,1'' . .  0,1  a  'lium  head  will  not  rest  on  the 

iiieinhranu  when  it  is  vibrated,  neither  will  it  fol- 
"w  it,  there  will  bo  a  movement  due  (o  the  in-  itia 
and  to  the  mon.hmno  striking  the  circuit  breaker 
like  a  bat  strikes  a  liall. 

McDonough's  circuit  breaker  works  just  this  way, 
and  Ins  counsel  made  a  very  apt  illustration  when 
,  ,,  was  1,01  necessary  that  this  circuit  breaker 

,  1,1,1  1,0  011  a  drum  head  or  diaphragm,  it  might 

""  ?  n°ard  or  on  a  table;  he  evidently  did  not 

know  that  it  would  work  hotter  on  a  (able  than  in 
0  way  McDonough  used  it,  because  it  would  not 
ie  e-xiwsod  to  such  a  powerful  vibration.  The  very 
;iU  of  McDonough  using  this  device  under  the  eery 
<;ll;C,ln,ff,,"L'os  Possible  shows  his  ignorance. 

•  ^develops  the  fact  that  he  never  made  an  inven- 
"o  ' 1,1  eye  of  the  law. 

i"re  is  no  reliance  to  be  placed  on  what  McPoii- 
,„la<’‘ls  "10  orlSnial  devices  have  been  lost, 
man  ..  ,s  V0,T  treacherous,  espectallv  in  a 

man  that  is  constantly  sick. 

The  transmitter  of  McDonough  has  a  rate  of 
vibration  of  its  own;  the  tighter  the  membrane  is 
strained  the  more  rapid  the  vibration.  This  will 
interfere  with  speech,  and  the  huger  the  drum  the 
worse  it  is.  Itois  well  understood  this  when  ho 
made  his  diaphragm  about  an  inch  in  diameter. 
The  same  thing  is  to  he  understood  in  relation  to 
the  receiver;  it  lias  its  own  rate  of  vibration,  and 
the  larger  it  is,  the  more  diflioult  for  the  magnet  to 
manage  it  and  causo  it  to  give  out  the  correct  tones. 

Counsel  would  fain  make  your  Honors  believe 
that  the  ignorance  of  counsel  was  the  reason  of  the 
statements  in  McDonough’s  specification.  McDon¬ 
ough  was  not  and  is  not  a  novice  in  patent  matters. 

If  his  roiaiset  teas  itjnaraut  that  was  all  the  more 
reason  why  ho  was  more  likely  simply  to  / nit  tloint 
the  inventor's  ideas,  instead  of  correcting  those  ideas 
and  assisting  hv  his  own  knowledge. 

Mr.  Mt-Donoiii/li  must  be  held  by  his  specilicatioii 
on  just  the  same  ground  that  L  contended  Mr.  lb  el-  must  he  hold  to  his  statements  that  his  device 
teas  an  electric  lamp,  a  circuit  breaker,  dr. 

Mr.  Wilsoy,  Int.  8,  page  a,  of  McDonough's  reconl, 
calls  McDonough  an  experimenter,  and  says  lie  Inis 
bvituj  experiment  inn  US  years.  There  is  not  a  word 
of  ovidence  to  show  that  his  Ivletoijhe.  was  anything 
moro  than  a  useless  experimental  toy  thrown  away, 
hrokon  up  and  abandoned  until  after  Edison  had 
conceived  the  principles  involved  in  the  battery 
telephone,  and  had  mentally  combined  the  necessary 
instrumentalities  and  tested  many  of  them. 

Wo  are  asked  to  believe  that  the  important  thing 
was  the  receiver.  I  say  no,  the  important  thing  in 
the  telephone  is  the  transmitter.  McDonough's 
reeoivor  is  good  for  nothing  unless  some  instrumen¬ 
tality  is  made  that  will  transmit  alt  tones. 

You  may  bo  asked  to  believe  from  my  remarks 
about  music  being  a  different  art  to  speech,  to  in¬ 
fer  that  you  could  not  hear  music  on  a  telephone. 

I  implied  no  such  tiling.  When  music  is  reproduced 
it  is  wanted  to  ho  loud eiioiii/li  to  bo  heard  by  111111101'- 

V"1  " 11,1  'eiorenco  to  reasonably  loud  roprodueioii, 
/»  »  thill  is  the  Sjii  i  rh  nut  tint  hr  Irons, uillvil. 
lii'ii  hull,  music  ami  articulate  speech  can  be  n> 

cuiveil  DU  I  hr  si  ttn  r  iitslriimriil,  it  ,'s  unit/  //„ 
k/'l'oi"-  of  to  ,hn,  tlmt  has  to  la;  lishnnl'  anil 
liich  works  on  a  closed  circuit,  instead  of  the  eir- 
'it  beinjj  broken  as  in  all  the  successful  musical 

I  he  last  clause  of  t  lie  printed  argument  for  Me- 
•uough  is  about  as  clear  as  the  sunshine  at  mid- 
<ht.  McDonough’s  application  was  tiled  April  10, 
TO.  I  fail  to  find  that  uflrr  that  time  Dull  adopted 
membrane  from  a  diaphragm  with  metal  on 

Moll  adopted  Edison's  metallic  diaphragm  hmlihi, 
t  anything  that  McDonough  had. 
hi  far  as  McDonough  and  Voelkers  areeoinvnicd. 
•le  is  mill, mi/  In. show  thill  thru  loot  mu/  /uni mu  nf 
hhl, hour  of  lo-ihn/:  their  Inuismillrts  w.-r.-  cir- 
t  breakers  that  could  never  be  used  with  ail iru- 
‘  speech  I  hr;/  iliil  no/ 1  noil  tier  mi  iii.xlriiiiirul  nmj 
i  r  vi 1 1 mill r  ,,J  cowmerciul  line  than  wos  lln  Ih  i.s 

lie  receivers  of  Voelkei-s  are  all  out-dated  byKdi- 
is  Exhibits  .-I  and  .-I  >  several  months;  and  Mr- 
Hough’s  receiver  is  utterly  unreliable  and  does 
contain  the  devices  of  the  telephone  of  to-day— 
never  made  an  invention  legally, 
u  April.  IS75,  when  talking  to  Kastman.  Mr- 
lough,  p.  AOS,  says:  “I  know  that  I  CAN  make  a 
-bine  that  will  send  speech  over  a  wire’’ — lie  dues 
say,  1  iiavk  made  such  a  machine.  Kastman 
lies:  ‘‘If  you  h-imir  you  condo  it,  why  hon'T 
I  Well,  McD.  has  never  made  an  instrument 
‘  "as  put  into  use  even  in  his  own  houso,  or  of- 
or  factory,  it  cannot  bo  possible  that  such  a 
ice,  if  if  had  been  useful,  would  have  remained 
lout  being  used.  The  fact  of  McDonough  not 

the  arguments  of  counsel  for  Hell  .-■«  >>K> 
Voelkers,  Gray  and  McDonough  should  carrygreat 
weight,  becaues  they  correspond  to  (ho  premises 
that  Mr.  Edison  has  always  contended  for  and  are  in 
harmony  with  the  principle  laid  down  throughout 
this  ariignieiit,  and  with  the  conclusions  and  facts 
to  which  your  Honor’s  attention  has  been  called. 

If  these  gent  lemon  had  been  as  flunk  and  candid 
as  Mr.  Edison  has  been,  the  labors  of  your  Honors 
would  be  reduced  ton  minimum  and  there  would  bo 
nothing  to  do  hut  to  niaku  the  following  decision: 

1st.  Mr.  Irwin’s  dates  are  too  late;  he  is  out 
dated  by  the  record,  he  must  be  laid  aside.  This 
point  I  think  all  the  counsel  will  concede,  for 
no  argument  has  been  presented  claiming  pri¬ 
ority  for  Irwin  011  any  point. 

2d.  Voelkers  experimented  only.  He  pursued 
a  mode  of  operation  that,  never  could  succeed: 
he  wus  following  Reis  as  closely  as  he  could  on 
tho  transmitter;  lie  is  antedated  by  Edison:  ho 
is  guilty  of  negligence;  has  never  shown  any 
diligenco,  and  nil  concerned  with  him  have  ac¬ 
knowledged  that  he  never  made  an  invention, 
and  is  therefore  not  entitled  to  protection. 

3d.  That  McDonough  comes  under  the  same 
ban  as  Voelkers;  that  he  never  had  a  use¬ 
ful  transmitter— it  was  a  circuit-breaker,  pure 
and  simple,  and  so  called  and  described  in  terms 
that  render  its  chamctcr  unquestionable:  that 
I10  is  guilty  of  unreasonable  delay  in  prosecut¬ 
ing  his  experiments;  that  his  proof  is  not  above 
question,  as  it  depends  oil  memory  and  not 
original  dovices;  that  his  receiver  is  not  useful 
in  tho  telephone  system,  and  is  not  entitled  to 

4th.  That  Mr.  Gray  had  no  closed  circuit,  and 
henco'did  not  have  the  necessary  olomonts  for 
practical  use. 

I11  Edison’s  Patent  No.  ISO, 330,  applied  for  May 

1  part  or  tlii;  force  without  I  trunk  of 
!iv  is  thu  vibrating  device,  whether 
tlw  operations  am  the  same, 
in's  Case  I  t  I  contains  tliei  ssne  of  Inter 

o.l.  It  is  put 

The  applicatio 
list  lie  allowed 

The  application  was  filed  July  so.  |S77. 
list  lie  allowed  to  stand  on  the  dale  of  his 
in  as  shown,  because  he  antedates  V< 
d  had  a  practical  apparatus.  In  fact,  he  m 
°w  anything  prior  to  the  tiling  of  his  appli 
cause  his  appaiidus  has  been  demonstrated 
crative  and  Voelkers'  has  not. 

I'rof.  Morton  (p.  •J7:i,  a  11s.  71  -s(i)  stales  t 
s  made  a  duplicate  of  Kdison’s  device  in  ca 
»l  it  is  superior  to  Voelkers'.  because  it  r. 
lion  in  addition  to  the  springs.  Morton  1 
it  issue,  case  I,  is  found  in  the  Edison  appl 
.  and  hence,  Voelkers  must  not  he  allot 
eet  either  to  the  issue  or  to  tile  Edison  ca 
containing  that  issue, 
ilorton  admits  that  Edison's  devices,  l-ll.w 
work,  and  he  gives  reasons  which  actual  1 1 
leriority  in  Edison's  devices,  nlthough.  1 
iic  time,  finding  fault  with  the  opcrali 
king  too  much  difference  in  current.  Tl 
l  it,  rather  than  a  defect, 
lorton's  re|iro(luction  of  Edison's  1  11  did  at 

t  well,  and  this 
least,  before  Irv 
utioned,  Irwin  / 

1  Ml  was  filed  three  111 
lid  anything,  and,  as 
be  regarded  as  entire* 

lie  very  long  brief  on  the  part  of  Bell,  mlal 
son  s  evidence,  rather  mixes  up  statement 
very  clear  in  thu  evidence  itself, 
dison  pursued  one  general  plan  from  first  t 
to  avoid  breaking  the  circuit,  and,  at  the 
u,  produce  rise  and  fall  of  tension. 

breaker#  kg  Hell,  did  no t  brad:  the  circuit;  they 
operated  as  shunts  only  (seo  etiso  14S  and  caveats): 
they  opened  or  closed  a  second  route;  they  are  like 
a  pipe 

with  two  branches,  with  a  cock  in  one  of  them; 
the  current  always  Hows,  hut  the  strength  will  bo 
varied  by  opening  and  closing  tho  cock.  It  is 
utterly  incorrect  that  li'dison  lined  circuit  breakers. 

You  are  asked  to  believe  that  all  Edison’s  sketches, 
<te..  worn  prepared  for  use  as  evidence.  That  is  not 
so.  They  worn  only  prepared  as  records,  because 
without  them  dates  and  facts  would  be  very  difficult 
to  define. 

You  tire  asked  to  believe  that  Edison's  devices 
that  had  any  kind  of  a  tube,  were  simply  resonators 
that  destroyed  all  tones  but  the  one  intended.  This 
is  simply  an  impossibility,  a  tube  may  perhaps  add 
to  a  tone  that  of  itself  possesses  a  power  of  10U,  so 
that  the  lone  may  have  a  power  of  1 10,  or  it  may 
take  away  from  the  tone  to  the  same  extent,  reduo. 
ing  it  to  00.  Tho  sound  is  never  destroyed  by  a  re¬ 

Tho  devices  that  Edison  , used  are  not  any  moro 
subject  to  this  objection  than  were  Boll's. 

There  is  not  one  instance  among  all  those  numer¬ 
ous  exhibits  of  Bell  that  does  not  contain  a  resona¬ 
tor.  Even  his  second  patent,  which  was  not  applied 
for  until  1S77,  had  a  big  trumpet  A’,  moroliko  a  fish 
horn  than  the  telephone  of  to-day.  No,  Mr.  Bell,  it 
is  best  to  say  nothing  about  Edison’s  devices  being 
resonators.  You  have  never  shown  any  device  or 
model  without  a  resonator. 

Edison’s  devices  without  resonators  are  numerous, 
seo  articulating  transmitter  and  all  tho  instruments 
introduced  by  Plusb,  Prescott,  Wiley,  and  others. 

Edison,  p.  10,  says  these  instruments  gave  out  all 
tones;  in  this  he  is  corroborated  by  Johnson,  Heifl', 
Batchelor,  Bentley,  Plush,  Spice,  Wiley,  Scott,  and 

Ull!  resonators  had  picked  nut  each  its 
u"l-v-_tl"'  I'liisiVai  telegraph  would  have  !„■ 
iu  IS'.i.  ljiit  because  no  resonator  has  i 
niado  which  did  not.  respond  to  other  tha 
tone,  tliii  musical  telegraph  has  mado  lint 
vanco.  Kvon  .Mr.  Bull  used  in  end  of  i 
afterwards,  a  box.  with  ti  holo  in  it,  to  list, 
covorud  up  hole  shown  on  page  sit.  Vol 
Hecord,  and  was  so  foolish  as  toaftenva 
tnunpotor  lish  horn  as  iu  his  second  pat 
Mull  had  hotter  not  sav  anythin*;  about,  K.l; 
''ice  .1  and  .1'  being  resonators;  these  we 
utul  Hum!  iu  1ST:,,  and  Hell  adds  a  resonal 
hsli  horn,  m  the  end  of  187c,. 

Counsel  for  Hell  contends,  in  his  print 
mold,  that,  the  (juestions  involved  aio  to  la 
ed  as  a  whole,  ami  if  Hell  first,  did  transmi 
!"  i.i  *"■  "‘gar ded  as  entitled  to 

dreoes  that  every  [person  had  before  mi 
would  transmit  speech. 

I  lie  fallacy  or  tin's  position  will  he  appare 
W  atson  (p.  721,  vo, .  3)  says  Hull  first  lri.» 
•'"'m  or  July,  1S7 Hois  had  transmit) 
speech  in  18(11,  There  is  no  evidenco  tin 
,  ,,0V1<;u  was  adapted  to  alt  speech;  on  t 

"•'O',  the  accounts  given  (p.  71,  Present  I ' 
saj  this  was  unsatisfactory.  This  was  til 
ment  at  a  lecture  before  the  Society  of  Tek 
Engineers  given  by  Hell  in  October,  1S77. 
not  until  after  ali  Edison’s  present  cases  In 
Hed  that  it  was  discovered  that  Bell  shoul 
old  a  different  story,  and  Watson  (p.  722)  c. 
",  “r  n,tlllor  wanted  him  to  make  out.  a  d 
fro,n  facts.  This  was  in  1878-11. 
atson  says  (p.  722)  that  before  the  end  o 
loll  had  only  mado  two  instruments  such  as 
"  ell  stustpatont.  Pago  72 B,  Watson  I 
Hat  the  battery  was  discarded  in  1870  and  in 
gam  until  November,  1S7S,  after  the  Blake  < 
I)  was  seized  upon  by  tl.o  Hell  Company. 

1  i-0)  wo  are  told  that  the  Hell  Conn.anv  In 

"00  circuits  with  batterios  iu  them, amt  (X.  71)Wat- 
son  says  hattory  transmission  is  the  best.  Now  for 
counsel  to  contend  that  the  subject  has  to  lie  con¬ 
sidered  as  a  whole,  that  there  is  lint  one  invention 
and  one  mode  of  operation,  is  the  most  transunrent 
lolly,  because  hero  Hell  drops  the  use  of  a  battery 
for  two  yearn,  and  then  admits  that  the  system  of 
tn-day  requires  a  hattory.  Does  not.  that  show 
change  in  the  system;  Does  it  not  show  that  the 
question  must  he  looked  at  in  all  its  details  not  as  a 

Counsel  for  Bell  would  desire  that  only  one  ques¬ 
tion  should  ho  considered,  because  that  is  tho  only 
way  (hat  tho  true  issues  can  be  mistilied,  and  tho 
only  way  that  they  can  hope  for  succoss  against 
Edison,  Edison  admits  that  Hell  mado  a  telephone 
in  which  a  second  armature  was  made  to  move  by 
speaking  against  the  first,  and  we  have  a  right  to 
ask  that  on  tho  same  principles  of  magnanimity  Hell 
shall  admit  Edison  to  he  the  inventor  of  tho  Bat¬ 
tery  telephone.  The  two  work  as  before  explained 
on  radically  different  principles,  ono— the  Hell— oil 
magnetic  induction;  he  has  a  magneto-electric  cur¬ 
rent  inducer.  Edison  lues  a  permanent  battery  cur¬ 
rent  and  rise  and  fall  of  electric  energy— two  dis¬ 
tinct  devices.  Cross,  page  7-1 S,  states  that  the  micro¬ 
phone  and  telephone  aro  different.  Edison  has  a 
microphone,  hence  it  must  he  different. 

Boll  in  his  first  patent-  shows  how  a  battery  may 
he  used  to  induce  magnetism,  but  beyond  this  his 
battery  has  nothing  to  do.  Ho  speaks  of  varying 
tho  current,  hut  shows  no  useful  way  iu  which  it 
could  ho  done.  Who  has  over  succeeded  in  moving 
tho  plates  of  a  battery  by  a  telephone  or  varying  the 
power  of  a  hattory  i  Ho  never  did  tho  tiling;  ho  gavo 
up  tho  hattory  for  about  two  years;  lie  never  mado 
anything  useful.  The  public  would  not  have  had 
tho  hattory  tolephouo  of  to-day  had  it  not  been  for 
Edison,  and  I  ask  your  Honor  to  so  rule  in  deciding 
this  case. 

Boll,  iu  his  statements  in  his  first  patent  concern- 

,  ,  '  '  S  "  wr"'K  '»>l  I"'  P'U't  of  I'M; 

1  Jh-  H«.rU  specifications  were  his  |no<iii(  t i. m-s 
must  ho  responsible  for  llii'in. 

Vmi  are  asked  to  believe  that  therm.rin 
m  s  applications  is  of  great  importance. 

,  ’  Edison  asks  for  patents  on  Improvement 
peaking  Telc'Kraphs  (Cases  I  :HM  •»•!),  another 
const ie  Telegraphy,  another  for  Improvement 
''cli-ic  Telephony.  The  title  is  of  no  imporla 
I  p.ulies  oiily  improved  on  Reis  telephone 
Hell  and  dray  sought  to  make  telegraphs.  Ed; 
<>nt  hi'yond  both  parties  with  his  dosed  circuit 
noil  has  only  five  patents  (page  7:ini,  and  onlv 
•o  now  in  cpiestion  have  been  usefully  eni|  |,n'< 
"  •'«  Jms  Dell  added  to  knowledge!-’  nothing 
'•  magnetic  induction. 

Simple  possession  of  the  Dell  patents  is  of  no  c 
inetico  in  view  of  the  early  declarations  of  im 
•cnees,  and  the  Tact  that  the  Bell  patents  w 
luted  when  other  cases  were  in  the  ollice.  sod, 
nys  Caveat,  Edison’s  Caveats,  &c.,  hence  i 
-iKiotm  i,i  Has  courts  also  t/o  for  nothin,/,  In, « 

!  evidence  in  these  interferences  has  never  he, 

v  mu/  court. 

n  drawing  this  argument 
'Per  to  direct  tho  attention  of  your  Honor 
„lu.f“Cte  that  th,ow  %ht  on  tlio  matter  as 

t  is  well-known  that  tho  introduction  of  t 
‘•u ns  Duplex  Telegraph  created  considerable  i 
mient,  and  led  to  tho  transmission  of  mos.-uji 
'pposite  directions  simultaneously  over  the  wa 
e.  By  tho  Edison  system  of  tpiadruplex  to 
I'liy  tlio  number  of  messages  and  operator-  . 
'vne  was  again  doubled.  This  was  introdun 

tries  Ills  Hand  at  the  operation,  and  endeavors  to  pi 
duce  a  telegraph  that  will  respond  to  niunern 
tones,  so  that  messages  might  be  sent  musically 

This  was  also  what  Mr.  Dell  tried  to  do  ;  it  was  , 
effort  to  outdo  t  he  Edison  ipmdrnplex. 

As  might  he  naturally  presumed  the  West  lift  Ti 
Co.,  having  possession  or  the  rpindruplox,  did  notd 
sire  rival  companies  to  have  any  demo  that  con 
compete  with  their  <|uadruplex ;  hence  Mr.  Oh  io 
in  June,  1ST!',  called  Edison's  attention  to  tl 
acoustic  telegraphs  that  had  before  existed,  such  i 
the  Reis  telephone.  Thus  it  will  ho  seen  that  tl 
Edison  ipiadruplex  telegraph  was  the  motive  Con 
that  stirred  up  Bell  and  Cray  and  others.  These  agai 
stirred  up  Edison  in  connection  with  acoustic  fell 
graphs.  He,  Edison,  operating  rapidly  and  boin 
very  energetic,  brought  out  several  successful  aeon 
tic  telegraphs,  which  have  been  patented  and  ai 
exhibits  in  these  interferences,  and  lie  steps  into  th 
domain  of  tho  telephone  for  transmitting  speech;  h 
makes  devices  some  of  which  were  primarily  ii 
tended  for  acoustic  telegraphs,  but  which  reall 
were  adapted  to  act  as  receivers  and  reproducers  e 
any  kinds  of  sounds.  This  was  a  great  step  in  th 
proper  direction  ;  then  in  his  efforts  to  transmit  mu 
ideal  sounds  ho  made  devices  that  actually  did  trims 
mit  other  sounds,  and  which  laid  tho  foundation 
for  tho  telephone  of  to  day. 

It  will  also  bo  found  that  tho  Bell  mayneto  trims 
mittors  and  receivers  wore  put  into  use  in  a  mannei 
to  interfere  with  local  telegraph  lines  ;  this 
was  likely  to  bo  detrimental  to  tho  Gold  &  Stock 
Telegraph  Company,  with  whom  Edison  had  a  con 
tract.  In  1S77  it  was  discovered  that  the  Bell  mag 
icto  instruments  were  very  sensitive  to  external  in- 
luclive  influences,  and  in  tho  same  year  Edison  had 
undo  his  carbon  transmitters,  which  were  found  to 
io  a  groat  success  and  notsn  much  influenced  by  in- 
bleed  currents  from  adjacent  lines.  This  in  its  turn, 
hiring  IS7S,  produced  a  reaction  against  the  Bell 

wdmt  m.  mt 

I«my.  Mill!  wiicn  till.'  so-called  Blake  transin 
presented  to  till*  Hell  Company  the  latte  was  eagerly  grasped  at',  and  tins 

. .  »w  P"<  mil,  as  rapidly  as  tlicv 

inadi*.  Tlnr  cninplii'.'itions  at  that  tiine’w. 
and  tlif  rivalry  between  the  two  companies 
gH'at,  that  business pniilrni’i' suggested  com 
which  was  finally  effected.  the  Iti-II  Comp; 

mg  the  mating . out  of  the  Imsincss  and  t 

^  Sl”ck  »  'imijHinsation.  This  result  h 
attained  during  these  interferences. 

In  the  progress  of  these  proceedings,  i 
had  heon  suhmitled  showing  the  iiitrodiu  t 
great  number  of  the  Make  carbon  trails 
audit  had  the  appearance  of  an  efTnrf  lode 
'he  value  and  ini]sirlaure  of  the  Kdison 
transmitter:  it  appeared  therefore  necessu 
trodnee  rehiitting  evidence  showing  the  n 
the  Kdison  transmitter  in  comparison  wi 
Hlake.  Hy  this  it  will  he  found  that  where  l 
instruments  have  been  used  side  by  side,  t 
fence  is  given  to  Kdison  s  instrument,  for 
articulation  anil  reliability  in  the  adjustment 
if  is  to  he  understood  that  Kdison  did  no 
Ins  labors  until  he  had  attained  the  greatest 
lion  in  the  actual  transmission  and  recep 
articulate  speech.  Numerous  changes  hav 
made  in  the  appliances  connected  jn  the  s 
hut  the  instruments  of  to-day  do  not  giv 
clearer  sounds  than  those  made  hy  Kdison. 

Kdison  began  his  inventions  in  telephoi 
conceiving  that  it  was  necessary  to  use  a  elos 
cult  and  to  pulsato  the  current  hy  a  resist  a 
that  circuit ;  that  was  iiis  primary  idea;  and 
■eon  Ins  method  from  first  to  last,  and  in  tl 
has  succeeded.  Kdison  has  not  built  up. 
method  thrft  nnothor  had  before  invented,  hi 
pursued  his  own  method,  and  is  entitled  to  j 
ion  m  all  the  devices  that  have  been  made 
volopmg  and  perfecting  that  method. 

Hell’s  first  use  of  an  iron  diaphragm-  page  .il-j, 
Aol.  :t,  April,  'TO,  was  six  months  after  Exhibit  .ll 
-  J  wore  used. 

Hell’s  second  patent  is  not  for  a  method,  but  for 
devices,  and  those  devices  were  made  practical]!-  hv 
Kdison  six  to  eight  months  before  Hell. 

Hell  evidence,  7 1  a,  Vol.  :t;  in;;,  iiuo,  show  end  of 
ISTii,  as  time  of  inventing  device  in  Hell’s  second 

Kdison  had  iron  diaphragm  A,  A'  in  1ST.'.,  see  also 
■  caveat  7f.,  and  sketch,  p.  r.77  of  his  record. 

Kdison  did  not  testify  into  the  Dowd  suit,  and  his 
inventions  were  not  referred  to  therein.  The  reasons 
do  not  appear,  he  must  not  he  hound  hv  anything 
therein,  as  he  was  no  party  to  the  proceedings  di¬ 
rectly  or  indirectly. 

The  previous  evidence  of  Prof.  Morton  in  a  suit 
was  put  in  as  a  whole,  and  Kdison  had  only  benefit 
of  cross-examination,  and  that  brought  out  the  im¬ 
portant  evidence  to  which  you  have  been  referred. 

Kdison  did  not  have  a  circuit  breaker— this  is  ad¬ 
mitted  by  all  parties— ho  is  first  on  this  feature.  In 
case  MS  there  is  no  break.  These  devices  in  I  ts 
were  reduced  to  practice  November,  1 87a. 

Boll  did  not  attempt  to  do  the  same  thing  until  a 
year  later.  Points  in  mercury  cup  in  Edison's  1-18 
kept  circuit  closod,  and  reproduced  sounds  accu¬ 
rately  as  to  pitch  and  quality. 

Gray  could  not  do  this,  and 'never  didjlo  it. 

Counsel  for  Bell  has  admitted  that  in  Edison  MS, 
all  sounds  could  be  x-eproducod  as  to  pitch  and  qual¬ 
ity;  hence  further  answer  to  argument  in  bolialf  of 
Bell  is  unncccessary,  as  Kdison  antedates  Hell  with 
the  devices  of  MS  about  a  year. 

Caso  G,  is  mot  in  Edison's  application  No.  I  IS  and 
Edison  is  first  in  this  count.  The  devices  shown  in 
this  application  No.  MS,  are  not  limited  as  to  nuido 
of  tx-ansmission. 

Edison  had  all  the  conditions  of  a  closed  circuit, 
necessary  to  produce  a  telephonic  receiver  in  caso 
MS,  and  nothing  more  was  needed  to  make  the  re- 

i Ueil  by  counsel  for  Hell. 

Hell’s  ]>:iteni  (1st)  Eig.  7,  may  bo  regarded  as  only 
ukon  of;  in  connection  with  sinking,  flth  claim  may 
read  as  referring  to  music. 

Hell's  patent  does  not  point  out  differences  between 
<  method  and  the  ltuis  method. 

Devices  of  Moll's  2d  claim  wore  never  used  am: 
e  valueless. 

Hell's  English  specification  H7,  Vol.  2.  Dowd  suit 
spared  by  him  a  //ear  after  the  spocilicalion  of  HI 
si  ] latent,  shows  that  I10  was  vainly  feeling  aftei 
nothing,  be  know  not  what  was  necessary  foi 
cross— and  this  is  commended  to  your  Honor’s  per 
d  as  showing  bow  far  Hell  had  gone  at  this  lime, 
i  sots  forth  the  transmission  and  reception  of  tele 
ipliic  signals  electrically,  and  only  refers  to  tin 
ise  incidentally.  Lot  him  have  wlmt  ho  invented, 
t  don't,  let  his  devices  stand  in  the  way  of  my  client 
ving  what  belongs  to  him. 

.’arbon  and  weight  something  that  Yoolker  did 
t  have.  Those  belong  to  Edison.  Yoelker’s  coun 
has  so  admitted,  and  on  these  alone  success  hat 

In  iiKGAitn  to  McDonough’s  claim 

'here  must  ho  some  place  where  success  and  failmi. 

gin  and  end. 

Deis  so'metimos  hoard  words. 

No  doubt  lie  did. 

V on  draw  a  lino,  and  write  one  side  “success" 
e  other  “  failure.” 

The  lino  must  bo  a  division, 
i  on  cannot  have  success  and  failure  at  tho.  same 
no  any  more  than  you  can  have  a  stonc’go  up  at 
o  same  time  it  comes  down. 

I  have  illustrated  it  in  this  argument  that  the 
3ro  nearly  the  devices  approach  to'an  absolute  un- 
oken  current  tho  more  perfect  tho  telephone. 

feet.  .Now  success  does  not  so  much  result  fi 
accident,  it  results  from  a  premeditated  iul 
or  an  intelligent  npprooiation. 

Hermit  me  to  give  an  illustration  from  a  ca 
came  under  my  own  observation. 

Electro  magnets,  to  compensate  static  char 
discharge,  are  used  to  cut,  oil'  tailings  in  tin 
tnntic  system. 

A  Jlr.  Cieorgo  Little  put  a  magnet  in 
ns  a  resistance  only:  tho  tailings  wen 
off.  This  magnet  was  taken  out  the 
morning  because  a  proper  rheostat  had 
received.  Tho  tailings  reappeared;  it  wa.- 
posed  to  result  from  outside  d-onditions.  It  w 
months  after  that  Edison,  after  experiment, 
olectru  iinujnet  in  line  for  thee.iynwoi /m/ymsci 
tmg  oil  tndmgs;  it  did  tho  work,  and  he  pa 
it.  1-ittle  came  to  me  with  complaint;  said  I 
done  the  same  thing- true— but  he  did  not  kn 
ho  did  not  know  what  produced  the  results.  I 
"'as  tho  inventor,  because  ho  had  nil  inlelligoi 
of  wlmt  was  wanted  to  bo  done.  To  adj 
telephone  is  perhaps  to  put  the  apparatus 
the  hue  1  rout  failure  to  success. 

McDonough  attempts  this  adjustment  in 
aftor  all  Edison’s  interfering  applications  had 
iled.  \  oelkor  never  made  any  such  adjust 
ho  adjusted  to  break  circuit,  as  his  evidence  si 
Hois  never  contemplated  such  mode  of  ope 
as  to  keep  tho  circuit  closed. 

.  ,  knowledge  of  the  manner  of  using  th 
instrument  for  st'KKuil  is  not  set  forth  in  hi 

McDonough’s  instrumoui  never  did  have  sn 
«u<  he  did  not  understand  the  principles  inv, 
"ail. -McDonough  nndjYoelkorimust  he  cnndei 
enough  Tor  his  ignorance,  Yoolker  for  la 
Miowlodge,  Hell  for  failure  to  statelwlmt  is  i 
W  T  for  practical  onoration 

vices  were  got  up,  anil  the  state  of  tin*  art  at  ilia 
time  lias  to  lie  carefully  weighed. 

What  Mr.  Cray,  Mr.  Bell  or  Mr.  Edison  ha. 
must,  lie  regarded  in  the  light  of  what  each  i ru 
mekimj  lo  do. 

Bull  and  Gray  were  seeking  to  make  n  substitiit 
for  the  Kdison  (piadruplox.  Edison  was  endeavoi 
ing  to  improve  on  his  own  devices  both  as  a  lnusicii 
telegraph  and  a  speaking  telephono. 

The  musical  or  acoustic  tclcginph  was  the  thin; 
that  was  pursued  at  the  first  most  diligently  in  he 
half  of  Western  Union  Telegraph  Company. 

Then  the  telephone  was  pursued  almost  exclu 

Bell  is  a  man  of  fine  appearance,  fluent  speech 
persuasive  manners. 

By  his  ability  he  so  impressed  himself  as  to  olilaii 
permission  to  use  his  telephonic  apparatus  to  local, 
the  bull  in  the  body  of  our  late  beloved  President 
llo  located  it,  and  his  powers  of  persuasion  wen 
such,  that  when  the  surgeons  placed  their  finger, 
on  tlio  places  indicated  they  KNEW  the  place  of  tin 
hall;  Imt,  alas!  the  surgeon’s  knife  revealed  the  fact 
that  tho  ball  was,  at  least,  fifteen  inches  away  fron 
the  place  whore  Professor  Bell,  with  a  flourish  oi 
trumpets  all  over  tho  world,  had  located  it. 

Mr.  Boll  is  not  hero  to  locate  tho  place  of  his  owi: 
invention  to  your  Honors,  but  he  is  represented  bj 
learned,  eloquent  counsel,  that  carry  great  weight 
even  personally;  they  will  seek  with  great  eloquence 
and  ability  and  with  their  array  of  instruments  t«; 
locate  tho  invention  of  Mr.  Bell  and  point  to  tho 
spot,  and,  as  it  were,  desire  your  Honors  to  put  yotn 
lingers  on  it.  Well,  perhaps,  we  may  now  be  de¬ 
ceived  by  tho  oloquenco  and  persuasive  character  of 
counsel;  but  when  your  Honors  putin  tho  knifo  of 
dear  judgment  and  dissect  tho  evidence,  if.  will  ho 
ouiid  that  the  invention  of  Mr.  Bell  is  not  where  it 

has  been  pointed  out— it  is  much  More  thun  JiJteeu 
inches  away. 

It  is  believed  that  if  other  parties  had  boon  as 
frank  as  Edison  it  would  have  been  admitted  that 
Bell  was  entitled  to  the  induction  transmission  and 
reception  of  sounds. 

Edison  was  the  first  to  employ  useful  devices  in  a 
closed  circuit,  iu  which  there  was  not  any  indue- 

Xeither  Boll,  nor  Gray,  nor  Dolbear,  nor  Voelkor 
had  the  closed  circuit  battery  telephone. 

Edison  alone  had,  and  succeeded  in  using  a  rise 
ami  rail  iu  a  closed  circuit,  and  ho  alone  is  entitled 
to  that  feature  in  a  telephone  and  to  all  things  there¬ 
with  connected;  ho  is  also  tho  first  to  have  made  an 
instrument  Ex.  -I,  which  is  the  telephone  receive! 
to-day,  and  he  used  it  in  a  closed  circuit  with  rise 
and  fall  of  tension.  Commencing  in  I  STB,  Edison 
goes  on  step  by  step;  he  has  all  the  principles  ol 
closed  circuit  iu  14.73;  lie  avails  of  that  in  the  quad 
ruplox  in  1S7+.  He  goes  on  in  ISiii  and  puts  Hoi; 
and  the  water  relay  together.  In  1S73  ho  has  a  car 
hon  resistance  for  an  artificial  Atlantic  cable;  it  "a; 
so  very  dolicalu  that  it  could  not  bo  used,  because  i 
varied  by  tho  shake  in  walking  across  the  floor  neat 

Ho  goes  on,  makes  Exhibits  A  A’,  and  tho  dovic. 
Ex.  if.,  Noveinhor,  lS78-just  the  same  as  lus  ap 
plication  US.  These  all  are  in  the  lino  of  the  effort! 
of  Edison  from  tho  first  with  closed  chant,  ih. 
instruments  of  Edison  have  gone  generally  into  use 
Whore  is  there  one  of  tho  Gray  instruments  tha 
was  over  used  as  a  telephone!  Voolkers  has  ndilo. 
nothing  to  tho  art;  there  is  not  a  word  of  evident 
that  ho  over  went  so  far  as  to  get  that  which  cuuli 

Who  would  use  a  sheet  of  brass  two  foot  long  t. 
listen  to,  as  ho  did,  or  ai  l  111  hlch  l"’l° 
were  punched  by  tho  point  in  tho  transmitter,  tin 
would  constantly  require  to  bo  repaired. 

Everv  ono  of  tho  counsel  that  has  argued  tins  cas 

soil  s,  fill))  Is  to  belittle  tho  efforts  of  oilier  eon  It 

I  thank  thorn  for  their  statements  in  this  rcspi 
'  Bro.  Smith  used  Edison  to  overthrow  Mr.  Voell 
mid  Mr.  McDonough,  while  arguing  against  Edi> 
and  in  favor  of  Boll. 

Counsel  for  McDonough  referred  to  what.  Edis 
lias  done  ns  against  Boll. 

Counsel  for  Voolkor  and  Irwin  used  lid  iso 
efforts  to  demonstrate  that  Boll’s  patonfis  not  fort 
telephone  of  to-day. 

While  thanking  those  gentlemen  for  Iheir  kii 
nuss,  permit  mo  to  say  that  Miaow  is  the  mih/  <> 
wlin  Ikis  been  iilt/e  to  stand  an  his  own  fonndatk 
and  who  has  not  had  occasion  to  use  one  of  his  cc 
testants  to  defeat  another,  and  hence  is  in  a  hell 
jiosition  than  an  ;/  of  his  opponents. 

It  may  he  asked  whore  are  there  anv  of  eitli 
Voolkur's  or  Irwin’s  instruments  in  actual  use. 

»\  hero  is  the  Cray  transmitter;  has  it  been  usef 
to  the  public? 

Whore  are  there  any  Dolbear  or  McDonough  i 
strumonts  in  use? 

The  evidence  fails  to  show  any. 

The  Boll  magnoto  transmitter,  which  Edison  a 
mou  lodges  to  bo  his,  and  tho  Edison  carbon  trail 
!!!m o  T  ,th°1  0l,ly  t""0  ,lsefl|1  transmitter  insti  l 
°  f  0thol's  *U1V0  polished  thorn  u 

-added  details,  but  tho  foundation  remains. 

i  no  rucoivor  with  tho  magnet  and  iron  diaphragi 
',‘a  E<ll“u’s,  and  it  is  an  Improvement  on  th 
o'  L  "S,eful  bntt0,,y  telephone  instruments  c 
hoi-olnl  'p0  mSG<1.  011  t'h°  Edison  mode  ofoperatio: 
ho  e  ,  before  rot’orred  to  ,s  the  closed  circuit 
'aijing  resistance. 

3f  «:.nm0tih0?,  a,l0|,ted  by  Edison  varies  from  tha 
T ,  "  nntl  0tll01's  in  the  following  particulars: 

' a,'!"a  ur°  '>«  withdrawn  from  a  magnet  : 
l  y"1  1,0  set  up  in  one  direction  in  a  helb 
nil  rounding  tho  polos  of  that  -  when  tin 

nd  also  ol  Gray,  previous  to  is. a. 

It  makes  no'  whether  the  niagnol  is  a 
ermmieiit  steel  one  or  an  electro. magnet,  except 
nit  in  tho  latter  instance  there  is  a  current  to 
uiiutain  tho  magnetism. 

With  a  permanent  magnet,  if  a  galvanometer  was 
laced  in  a  circuit  to  the  helix  tho  noodle  would 
novo  first  ono  way  and  then  the  other  as  the  arma 
are  was  moved  towards  and  from  the  polos  ot  the 
nagnots.  If  a  galvanometer  is  inti  educed  in  the 
amo  manner  into  tho  circuit  to  tho  helix  ot  an 
loctro  magnet,  tho  noodle  will  he  deflected  to  a  eoi  - 
ain  degree  by  the  normal  current  from  a  battery 
vliicli  produces  the  magnetism,  but  the  needle  will 
iwingeach  way  from  that  point  as  tho  armature  is 
.'ibratod  before  the  magnet,  the  same  as  bolero 

This  action  is  due  to  a  secondary  current  that  is 

This  action  is  due  to  a  secondary  current  that  is 
ndticud  in  tho  holix  by  tho  movement  of  the  anna- 
uro.  In  tho  first  Boll  instruments  the  diaphragm 
ivas  distinct  from  but  connected  to  tho  armature: 
subsequently  tho  diaphragm  was  used  both  as 
diaphragm  and  armature.  Tho  method  of  operation 
of  the  Boll  magnoto  transmitters  and  receivers  re¬ 
mains  unchanged  to  this  day  and  is  on  tho  principles 
just  stated. 

Tho  transmitters  of  the  Reis  typo  all  operate  upon 
the  same  principle  as  a  telegraph  key,  vi/..— putting 
on  and  taking  off  a  current;  that  is  the  kind  ol  in¬ 
strument  that  Voolkcrs  and  McDonough  experi¬ 
mented  with.  It  was  also  used  by  La  Corn*,  ot  Co¬ 
penhagen,  and  others,  and  it  has  been  shown  clearly 
that  this  system  cannot  bo  used  for  articulation. 
The  tones  and  wind-rushes  in  speech  are.  not  meas¬ 
ured  by  time  and  cadonce,  but  speech  may  be  re 

Tho  same  words  cun  1>o  said  or  sung  in  a  high  pitch 
or  a  low:  tho  words  aro  not  distinguished  by  tin- 
pilch,  hut  by  the  relativo  volumes.  These  dill'or- 
cnees  are  pointed  out  in  the  testimony  o£  Cross. 
Johnson,  Morion  and  others,  and  aro  illustrated  hy 
Ex.  27  and  2S,  Vol.  2,  Dowd  suits. 

'Eilisou  appreciated  tho  fact  that  tho  induced  cur¬ 
rent  of  the  Boll  method  had  a  limit,  and  was  liable 
to  he  interfered  with'by  othor  induced  currents  on 
tlie  lino:  he  therefore  struck  out  on  a  tuolhod  of  his 

By  observing  the  curves  in  the  aforesaid  exhibits 
it  will  he  seen  that  articulato  spooch  produces  very 
irregular  linos,  while  music  producos  rogular  waves. 

Suppose  a  phonograph  foil  to  ho  cut  through  the 
line  of  indentations  without  injuring  them  and 
magnified,  we  may  have  a  line  thus:' 

No.  1. 

Suppose  the  strength  of  current  in  a  magnoto 
telephone  to  bo  represented  by  tho  thickness  of  the 
line,  the  current  is  strongest  when  motion  of 
diaphragm  is  fastost,  viz.:  In  the  middle  and  one 
current  will  bo  +,  tho  next  minus,  thus: 

No.  2. 

.Now,  with  .the  carbon  transmitter  tho  current 
the  greatest  when  the  pressure  is  greatest  and  the: 
are  not  plus  and  minus  currents.  The  diagram  won 
he  thus: 

(No.  «.) 

With  tho  instruments  like  the  Hois,  that  brea 
contact  at  extremes  of  movement,  the  diagram  woul 
be  thus: 

There  being  places  whore  there  is  a  break,  th 
same  as  would  occur  in  tho  phonograph  if  tho  poii 
did  not  touch  tho  foil,  there  is  no  rise  or  fall  of  elei 
trie  energy. 

Edison  conceived  tho  idea  of  the  battery 
of  to-day,  when  in  June,  IS 75,  he  proposed  to  con 
bine  tho  Heis  magneto  receiver  with  his  water  relnj 
patented  in  1878. 

Now,  what,  was  this  invention!  To  illustrati 
supposo  I  have  a  pipe;  through  it  water  is  llowiig 
To  entirely  stop  tho  How  would  lie  to  defeat  the  ol 
ject  sought;  there  would  he  inertia  to  he  overcome 
and  false  drippings  at  tlio  delivery  end;  hut  to  pro 
with  more  or  less  force  on  the  rubber  tube  throng 
which  that  water  was  (lowing  would  cause  the  cor 
taut  running  stream  to  vibrate  without  heinj 
stopped,  and  all  tho  difllculties  incident  to  utopian 
and  starting  would  bo  avoided. 

tl!l>  I'-Si:  1,:'lis0M  f'*'-"'  tll:lt  <«  «t°l>  tllu  ric  ament  |  l^Ula 

"(mid  lti!  to  produce  n  change  of  olcctrie  conditio 
on  tint  lini!  which  is  from  maximum  to  nothing,  lil; 
the  action  of  a  telegraph  key;  his  ipiadruplc 
showed  these  facts:  if  was  necessary  then  to  have 
constant  current  on  line.  Ellison  set  himself  t 
work  to  simply  vary  the  electric  current,  will 
out  interrupting  it.  All  his  efforts  were  in  thi 
direction;  it  was  a  task  not  easily  accomplishei 
device  after  device  was  tried,  anil  finally  earlioi 
which  lie  had  used  asa  resistance  as  far  back  as  1ST 
(see  Ex.  Carbon  Rheostat,  pago  JilT,  Vol.  •_>),  wn 
f omul  the  host  to  ho  inserted  in  the  electric  circuit 
t°  be  pressed  upon  more  or  less  by  the  movement 
of  thediaphragm,anil  either  ilam  up  or  allow  to  mov 
more  freely  the  current  without  interrupting  it 
This  is  Ellison’s  method,  and  it  has  not  been  em 
ployed  by  any  one  else  before  him,  anil  he  is  out  it  lei 
to  the  broadest  claims  possible,  and  also  to  claim 

The  telephone  of  to-day  appears  very  simple  air 
easily  invented,  but  two  year’s  hard,  constant  work 
brought  it  out,  anil  but  for  Edison’s  carbon  trails 
milter,  the  entire  system  would  liavo  fallen  short  o 
anything  generally  available,  commercially. 

This  carbon  transmitter  was  tho  top  stone  in  hi 
telephonic  temple  of  fame,  anil  ovory  step  that  Ir 
laid  up  to  that  top  stono  is  his,  whether  carried  on 
i"  the  minute  particulars  or  not. 

It  is  trite  some  of  tho  steps  woro  rough,  still  the: 
woro  stops;  anil  because  some  other  person,  such  in 
Blake,  may  stop  to  polish  up  some  of  these  stops,  In 
is  not  to  be  permitted  to  claim  tho  stop  itself  wliicl 
was  selected  and  laid  in  place  in  tho  teinplo  of  fanr 
that  has  been  erected  by  my  client. 

Wo  ask,  therefore,  a  decision  in  favor  of  T.  A 
Edison,  client  on  all  tho  points  claimed  in  this  brief 
Lemuel  W.  Seuiiell, 

,,  Attorney  for  Thomas  A.  Edison. 

Boscok  Conklin, 

Of  Counsol. 

gu  the  United  states  patent  ©fftcc 

No.  812:i. 


GRAY  et  al  \ 

Cases  A,  15.  C,  I»,  K,  F,  (i,  I,  .1,  I.,  ami  So.  1. 


This  interference  involves  the  invention  of  the  s|iealcinjr  t‘ 
ephone,  an.l  was  originally  divided  into  Case*  A  to  I.aml  Xu. 
Cases  II  and  K  do  not  now  exist,  having  been  merged  rtspect- 

-  I 

reduction  Id  prnrtinc  Ii  is  enough  il  lie  lias  slimva  in  till'  Dial 
hit  jiri'scl'ilnil  in  tin-  law  t  hill  I  lie  invention  is  perfect  nudcapnh 
ul'  useful  operation.” 

.  It  licing,  t Inaij  a  well-established  principle  t lint  n  patented  ii 
volition  is  presumed  Id  have  been  completed  at  the  time  the  a| 
plivatiun  was  filed,  it  is  also  well  settled  that  iiinnlurtoovcrenii 
this  prcsnniptiDn  the  pi-nnf  must  he  sueh  as  tn  invalidate  tl 
patent  if  in  suit.  To  ell'eet  this  the  parlies  attacking  the  palei 
must  show  either  that  they  Inal  first  made  and  reduced  the  ii 
vention  to  practice,  or  dint  they  laid  first  conceived,  and  werei 
the  lime  the  patent  was  granted  using  reasonable  diligence  I 
redueeto  practice  nndnctnnlly  accomplished  such  redaction.  Tl 
character  of  the  proof  mpiired  by  the  olliee  is  elenrlv  indicali 
in  the  decisions. 

“All  tlte  presumptions  and  doubts  arc  to  he  resolved  in  finvi 
ofthe  patentee.”  Cushman  r.  Parham,  C.  I).,  1870,  1 .'!(). 

“As  two  patents  ought  not,  if  possible,  to  be  granted  for  tl 
same  invention,  the  benefit  of  the  doubt,  il'nnv  exists,  should  I 
given,  not  to  the  last  applicant,  but  to  the  patentee."  Wheel, 
a.  Chenowelh,  C.  I).,  lfifiU,  .|!1.  ' 

“The  burden  of  proof  is  upon  the  latter  (the  junior  applicant 
and  he  must  show  that  he  Inal  redneed  this  invention  to  a  con 
pleled  Iona  prior  to  the  invention  of  the  same  by  the  pateutc 
“'al  l lilts  too  beyond  all  doubt.”  Melvniglit  t-.  Van  Wagenei 
C.  I).,  1S7«,  127. 

In  Kiclmnlson  r.  Denai,  C.  I).,  1870,  150,  the  earliest  pul 

fished  decision  of  the  olliee  upon  this  question,  Commissi . 

Fisher  said : 

“  in  this  (use  lfichardson  has  a  patent,  and  the  real  qnestin 
is  whether  one  shall  also  issue  to  Dona..  The  burden  of  pro. 
s  upon  him  to  show  priority  of  invention,  and  this  proof  shoal 
no  suhstaiitmlly  ol  such  a  elinmctcrns  would  sit  Dice  to  defeat  tl 
patent  of  Itichnrdsnn  if  it  were  in  suit  belbr:  a  court  of  la. 

'o  well-settled  doctrine  of  the  courts  is  that  lie  who  woul 
prove  that  a  patented  invention  is  wanting  in  novelty  must  dm 
,  at  ,h,!  invention  upon  which  he  relies  has  netinillv  been  r. 
(lueed  to  practice  prior  to  the  invention  ofthe  patentee.” 

To  tl.e  same  elleet  is  the  language  of  Commissioner  Leggett  i 
M""«. Clark,  C.  D.,  1872,  08: 

“  In  invalidate  a  patent  already  granted,  followinglhe  analog 
vested  rights  of  other  kinds,  the  courts  have  held  will,  gre 
'oiiornuty  that  prior  invention  must  be  established  by  the  liigl 

jq'im  they  are  astonished  tlint  llicsy  did  nut  sou,  think  tin 
mvc  seen  nil  that,  is  necessary,  and  uliiiin  that  they  Imve  ii 
t.  Alter  having  seen  what  has  been  dunu,  the  mind  is  v 
o  blend  the  bseoiieut  inf  it  i  tli  prinr  recollect  ic 
(infuse  them  together.” 

It  is  this  tendency  of (he  1 1 ti limn  mind  which  has  led  tin 
a  hold  those  seeking  to  overthrow  patents  to  strict  proof 
mil  and  successful  prior  embodiment,  and  the  ollice  toap 
nine  rule  to  those  asking  a  patent  for  that  which  lias  nlreiu 
atented  to  another. 

In  this  ease  the  rule  of  the  ollice  is  to  he  applied  witli 

ess,  for  Hell’s  patent  lias  not  only  .  hoon  declared  invi 

ny  court,  lint  it  lias  actually  been  sustained,  and  upon  a 
•liicli  is  a  part  of  the  record  here.  It  follows,  thcrcfoi 
Itliough  satisfied  from  the  evidence  that  Hell  had  made 
out  inn  before  the  tiling  of  his  application,  it  will  not  be 
"y  '«"• K''"ci-al  purposes  of  this  case  to  review  those  p< 

fit  which  have  led  to  this  . . ilusion.  It  III  side 

.'termine  whether  or  not  the  other  parties  have  overeo 
sand  dates. 

Hell,  patent  No.  1  T-l-ldo,  March  7,  187(1,  application  tiled 
ary  1-1,  187(1.  ' 

Berliner,  application,  .iauuary  I,  1877. 

ICdison,  application  No.  130,  April  27,  1877. 
Jiichinoud,  application,  August  2-1,  1877. 

Gray,  applieation  No.  1,  October  29,  1877. 

Dolbear,  application,  October  31,  1877. 

Holcombe,  aniilication.  .binuiirv  18.  1878. 

reproducing  sounds  having  quality  hv  converting  the  sound  vi¬ 
brations  into  electrical  nmliilinions  mill  reconverting  those  inti: 
corresponding  sound  vibrations.  The  only  parties  to  it  hero  art 
Voelkor,  Edison,  anil  Hell, 

As  tu  Voelkor,  his  attention  was  not  called  to  the  subject  ol 
transmission  oi  speech  until  November  or  December  of  1870, 
when  lie  had  a  conversation  with  Irwin.  Even  ol'  the  lover’s 
telephone  he  was  ignorant  until  after  Christmas  of  that  year, 
and  his  first  experiment  with  anything  of  his  own  construction 
in  the  nature  of  a  telephone  was  the  latter  part  of  February  or 
the  first  of  March,  1,S7(i.  The  results  of  this  experiment  were 
entirely  unsatisfactory,  amounting  only  to  the  ••  snapping  and 
eraekingof  the  annatureof  the  receiver,”  and  the  transmission  of 
one  or  two  musical  tones.  Thu  next  instrument  was  not  made 
by  him  until  the  following  April,  and  its  results  were  no  better. 
(A.  0.) 

Edison’s  case  is  very  little  stronger  than  Voelker’s.  About 
1872  he  read  an  account  of  the  Keiss  telephone,  and  in  the  sum¬ 
mer  of  1874  he  Imd  described  to  him  an  invention  of  Gray  ro- 
.  luting  to  harmonic  telegraphy.  Me  also  in  thu  winter  of  1875 
read  Bailie's  Wonders  of  Electricity.  There  being  in  this  book 
some  hint  of  thu  possibility  of  transmitting  speech,  he  thought 
over  methods  by  which  the  result  might  be  attained,  but  did 
nothing  further.  In  June  or  duly  following,  President  Orton 
of  the  Western  Union  Telegraph  Company  spoke  to  him  ol 
Gray’s  inventions  in  acoustic  telogmphv.  and  asked  Inin  to  in¬ 
vestigate  the  subject  under  contract  with  the  company.  The 
contr  L  s  nut  t  IH  t\e  tc  I  until  December.  1873.  but 

illy  reasonable  to  sup|io.*cthut  llnteheli 
ilcgraphy.  This  view  is  strengthen!' 
fives,  for  they  show  tuning-forks  ami 
stifles  upon  cross-examination  that  lie 
Idison  expo  e  t  g  ilh  tuning- 
imtors,  for  the  purpose  of  finding  out 
icrcnscd  the  voliunu  of  sound  of  the  I’m 
iu  resonator  was  one  corresponding 
X-A,  120,  121.) 

It  seems  clear  that  these  sketches 
Idisou  had  conceived  at  that  time  hows| 
Ivon  granting  that  the  lower  figure,  wit 
y  water,  contains  thu  germ  of  the  vnr 
lie  sketches  are  merely  indications  of 
a  Ihi  followed  at  some  future  time. 

Certain  other  exhibits  made  by  hii 
ience.  These  cpiisirl  ftf  sketches  ti-H, 
!2— 0,  ami  instruments  A,  A’,  all  olivi 
elegraphy,  and  all  the  sketches  so  lube 
lowever,  states  that  this  sketch,  as  we 
ml  not  n  snenkimr  telenhnno  (X-A. 

•lor  hail  in  Ills  mimliiconsi 
ail  by  the  sketches  tlici 
il  resonators,  and  lintehel 
■ctiire  he  saw  these  sketch 
g-forks and,  Helmholtz  ri 
t  “  how  much  the  resonnt 

es  furnish  no  evidence  tl 
v  speech  could  botinusmitti 
,vith  its  knife  edges  connect 
■arialile  resistance  tolcplnn 
if  a  line  of  experimental! 

to  it  is  111  answer  to  a  <|iiostioii  as  to  tlieiiilnptiibility  ol 
Is  A  ami  A',  “to  reniler  niiililile neoiistie  vilirntions  oi’ nil 
in  which  lie  says  that  either  is  capable  of  doing  so,  and 
imtli  of  them  was  so  used  between  November,  1875,  and 
iny  of  187(1.  (A.  18.) 

I  says  the  first  knowledge  lie  laid  of  telephones  was  at 
exhibition  at  Philadelphia  (X— A.  :t0).  At  Edison’s  shop 
iiied  to  tlie  instriiments  A  and  A',  and  lieiml  the  Morse 
m,  tlie  humming  of  the  tuning-forks,  and  the  sounds  ol 
nan  voice,  lint  cannot  say  that  lie  heard  words  or  that  tlie 
lie  lien  ill  were  transmitted  through  tlie  wire.  He  door 
t  Kdison  was  experimenting  continuously  after  tlie  latter 
tlm  summer  of  1875  until  liis  removal  to  Menlo  Park  in 
187(1  upon  tlie  practicability  ol-  ti  ray’s  acoustic  telegraph, 

II  1  11  s  1  t  I  the  place  of  Morse  sounders, 

ison  also  is  silent  as  to  the  transmission  of  speech.  Ho 
illy  assisted  Edison  in  his  experiments  and  states  that  A 
were  used  as  analyzers  of  the  sounds  given  to  the  wires 
,ns  of  vibrating  reeds,  Morse  keys,  and  vibrating  elcctro- 
s  (A,  2—7),  Here  is  clearly  acoustic  telegraphy, 
e  was  employed  by  lidison  as  a  specialist  in  that  branch 

urtureneo  with  eaeli  other.”  It  will  lie  remembered  that  lit 
i  interview  with  Orton  in. Inly,  Ciinv’s  inventions  were  spoken 
and  it  was  the  stir  which  they  were  creating  which  led  to 
lisou’s  employment.  He  was  to  investigate  the  subject  and 
if  there  was  anything  in  it  which  would  bo  useful  to  the 
npnny.  How  natural,  then,  that  lie  should  follow  upon  the 
id  marked  nut  by  (liny,  and  this  indeed  is  what  KcifVsavs: 

Mi',  Edison  was  experimenting  to  determine  the  practical¬ 
ity  of  acoustic  telegraphy  its  it  had  been  developed  by  Mr. 
ay  of  Chicago.”  (A,  5.) 

Two  subseepient  contracts  were  made  between  Edison  and  the 
L'stern  Union  Company,  dated  respectively  March  22,  1877, 
1  May  31, 1878.  The  first  of  these  contracts  relates  to  all 

id  lilies  ol  telegraph,  or  upon  cables,  except  chemical  tele- 
ipliy."  The  second  carefully  distinguishes  between  the  in- 
itions  made  undorthe  contract  of  December,  1875, and  March, 
77,  and  it  is  a  very  significant  liict  that  none  of  the  speaking 
Bphonc  inventions  are  recited  as  covered  by  the  1875  contract. 
Exhibit  17-9  may  also  be  referred  to  as  showing  that  he  was 
rking  upon  the  same  linens  Cray,  for  upon  this  sketch,  which 
icknowlcdged  by  Edison  to  represent  a  musical  telephone,  lie 
ote  “instead  of  breaking  the  currant  like  Gray  throw  in  and 

It  is  also  to  be  observed  that  all  the  sketches  which  arc  in¬ 
duced  bv  Kdison  us  made  in  1875,  and  the  spring  of  187G, 

ing  liquid,  mid  arc  adjustable  with  reference  to  each  other  to  vn 
the  tension,  so  that  when  the  point  attached  tothennnatnrc  lev 
is  moved  toward  the  other  point  hy  the  netion  of  the  relay  inn 
not,  and  the  tension  is  mereased.  the  sounder  magnet  will  u 
crate  its  armature  lever,  lint  when  the  contact  points  are  se| 
rated  the  tension  will  he  diminished,  the  power  of  the  sound 
magnet  lessoned,  and  the  armature  retracted,  it  is  true  tli 
variations  in  resistance  are  produced  by  this  device,  but  they  a 
effective  only  at  the  highest  point  of  tension  to  uttmettho  arm 
tare,  or  at  the  lowest,  to  be  overcome  by  tbe  force  of  the  arm 
tare  spring.  There  was  here  no  idea  of  any  such  electrical  u 
delations  as  are  contemplated  by  the  terms  of  the  issue. 

It  is  now  stated  by  Kdison  that  nothing  was  necessary  to  mill 
a  complete  ami  operative  telephone  from  this  instrument  but 
add  to  the  armature  lever  of  the  relay  some  means  for  conecntni 
ing  tlie  energy  of  sound  waves  upon  it  and  to  attach  a  diaphrag 
to  "the  armature  lever  of  the  sounder  (A.  2!)),  hut  whether  the 
changes  would  be  effective  or  not  for  tliis  purpose  they  were  e: 
plained  by  liini  with  the  knowledge  of  the  telephone  liu  then  pn 
sossed,  and  when  lie  aetually  did  adapt  the  cell  of  this  patent 
telephonic  purposes,  as  we  shall  presently  see.  nothing  result) 
but  fid  lure. 

Kvhibits  A  ami  A'  are  equally  unsatisfactory.  These  exliil 
its  consist  of  brass  tubes,  having  at  one  end  iron  dinphmgn 
bclbre  which  were  placed  electro-magnets,  and  were  intended  i 
receivers  for  a  system  of  acoustic  multiplex  telegraphy  in  whh 

alter  the  (late  ul  Hell  s  patent. 

it  is,  to  say  the  least,  a  eoineidenee  that  the  first  i 
which  clearly  anil  imaiistakahlv  shows  attempts  to  com 
speaking  telephone  relates  to  events  occurring  in  .Inly 
after  Hell’s  exhibition  and  about  the  time  of  .Johnson's 
of  it  to  Edison.  Of  all  that  was  done  previously  the 
certainty  that  any  of  it  related  to  speech,  hot  alter  litis  t 
work  was  prosecuted  diligently  until  it  culminated  in  an 
There  seems  to  he  no  doubt  that  .Johnson  gave  the  cor 
count  of  Edison’s  position  in  the  telephonic  art  when, 
in  his  interest,  lie  says  that  Edison — 

“Taking  tip  the  subject .of  the  transmission  of  articulate 
immediately  alter  Bell's  announcement  of  his  achieveim 
Itefnre  he  had  vet  made  Ids  device  of  practical  value,  so 
lanced  even  Hell  himself  in  the  brilliancy  of  his  discover 

in  the  practical  applicate . .  (lie  invention  to  the  rcotiii 

tif  commerce.”  (Statement  as  to  the  Origin  and  Develop 
the  Telephone,  . . . 

It  may  lie  well  here  to  refer  to  Edisi  1 

Ids  claims  to  inventorship  upon  cross-examination. 

“25IJ.  X-Q.  When  did  you  first  attain  the  object  ol 
milting  articulate  speech  with  that  degree  of  success  whit 
tied  you  to  consider  yourself  ms  having  made  that  invent 
“A.  I  think  I  conceived  the  invention  in  1 874. 
drawings  of  it  in  1875.  I  reduced  it  to  practice  in  i)c< 
1875,  hut  did  not  work  satisfactorily  because  it  was  n 

“257.  X-Q.  When  did  vou  reduce  that  invention  to  I 

ell  of  his  patent  Xi 

p.  i  11777.  Il'h 

no  evidence  that  it 

was  in  existence 

the  latter,  lie  olitnii 

led  no  practical  r 

y  witli  them  tlieirie 

.vli  denial :  “  ltd 

we  did  not  make  it 

work.”  lie  doe 

(c  admissions,  but  ntilv  by  nller-ncqii 

ly  idler  the  event  b 

<  easy  phropheot 

i pm.) 

eluded  that  Edison. 

like  Vnclkcr,  In 

limit  Ootulmr  12,  18(0,  I  wars  its  own  elute ;  177-15  Ims  no  date, 
mil  Edison  says  it  might  have  been  made  ns  early  as  April,  187(1, 
ar  ns  into  ns  March,  1877.  Three  other  exhibit  diagrams,  83-1 5, 
BO-15,  mill  81-15,  he  also  produces,  lint  says  tlint  it  was  im- 
pussihlc  fur  him  to  state  with  certainty  when  they  were  made, 
lint  tlint  it  whs  either  in  Mnreli  or  April  or  in  November,  1870. 

I  f  these  exhibits  were  completed  inventions,  such  testimony  ns 
this  would  not  suffice  to  give  them  a  date  prior  to  Hell’s,  Imt  it 
is  to  he  noted  that  at  best  they  were  only  experiments  which 
were  taken  up  and  laid  usiilu  at  intervals  under  the  stimulus  of 

II  getting  sentences  now  and  then  that  were  said  to  lie  prettv 
good.”  (A,  57.) 

Among  the  exhibits  relied  upon  by  Edison  as  to  this  issue  me 
li-1),  0-9,  10-0,  and  “  Depolarization  of  battery.”  They  have 
nil  been  considered  under  Issue  A,  and  are  no  more  pertinent 
to  this  issue  than  they  were  to  that.  Sketch  8-lOaml  “  Exhibit 
Water  Telephone  ”  arc  also  referred  to  ;  3-10  is  a  sketch  labeled 
11  Experiments  in  Talking Telegraphs, "and  isdcscrilicd  by  Edison 
»s  consisting  of  a  lube  with  a  diaphragm,  in  front  of  which  is  a 
pillar  carrying  a  contact  point.  Between  the  diaphragm  and  the 
contact  point  was  placed  a  piece  of  felt  saturated  with  water, 
salt  and  water,  and  other  chemical  liquids.  The  receiver  used 
witli  tins  transmitter  appeal's  to  have  been  a  similar  tube  pro- 
viiled  with  II  diaphragm  and  a  magnet  in  front  of  it.  Upon 
tlie  sketch  is  written,  “Get  a  good  many  words  plain,  such  as 
'How  do  you  do.’  ”  This  sketch  was  made  by  Adams,  but  its 
date,  July  0,  187(1,  is  too  late  to  be  of  any  avail  here.  It  is 
mainly  interesting  as  being  the  lirstsketeh  which  relates  in  terms 
to  speech  transmission. 

“  Exhibit  Water  Telephone”  is  entitled  to  no  more  consider¬ 
ation,  ns  its  date  is  a  matter  of  too  great  uncertainty.  Edison 
states  that  “  it  might  have  licen  made  in  December,  1875,  or  any 
month  between  that  time  and  November,  187G”  (A.  1-14), 

ml  with  the  knowledge  gm 
hie  to  construct  a  variable 
[insiders  tile  same  principle 
tent  into  a  completed  invet 
osition  than  Heiss,  for  evci 
a  incorrect  theory,  11111  nor 
■Subsequently,  in  Kehruar 
ml  liu  took  up  the  subject  1 
ic  principle  of  variable  ri 
icnted  11 1 m>ii  (A.  52),  but  1 
itisfuctory  result.  Indeed, 
■at  such  a  result  was  produ 
itli  Exhibit  3-10,  and  as  to 
ivs,  “  it  wassatisfaetorv  so 
cal  working  telephone.”  (> 
er,  1876,  nil  instrument  mai 
ot  work  satisfactorily,”  am 
illy  “worked  to  a  sufficient 
nd  this,  it  is  to  be  ohservi 
Sell’s  exhibition  at  the  Cent 
These  last  two  exhibits  a 
leinoraiidiim  of  August  2, 1 
5-48).  This  document  tin 

purled  apparatus  was  nut  thoroughly  tested.”  “  A  good  mod( 
it  continues,  “will  he  eoustrueled.a  thorough  test  made  at  or 
A  platinum  wire  is  attached  to  the  diaphragm  and  immersed 
a  solution  or  liquid  resistance  and  tiie  strength  of  the  wave  is 
this  means  varied  according  to  amplitude  of  the  diaphragm.” 

A  word  may  now  lie  said  as  to  the  character  of  Edison’s  proi 
for  here  lie  labors  under  some  disadvantages.  Concerning  vu 
oils  matters  of  which  lie  testified  lie  hud  no  personal  hnuwlcd 
Ill's  experiments  wore  mostly  conducted  by  assistants,  ns  lie  Id 
self  was  deaf,  and  as  to  some  of  Hie  exhibits  upon  which 
strongly  relics,  notably  ti-10  and  80-13,  Ids  only  knowledge 
that  conveyed  hv  notes  made  by  one  of  these  assistants,  Adm 
who  is  now  dead  ;  Imt  even  giving  full  efi'eet  to  all  the  cxldl 
and  experiments  testified  to  by  him,  it  is  impossible  to  assign 
Id m  as  to  this  issue  an  earlier  date  than  Hell’s. 

Cbiod  1  .—“The  transmitter,  consisting  of  the  combination 
an  electric  circuit  ol  a  diaphragm  ami  a  liquid  or  equivalent  si 
stance  of  high  resistance,  whereby  the  vibrations  of  the  dinplmij 
cause  variations  in  the  resistance  of  the  electric  circuit,  and  ci 
scquently  of  the  strength  of  the  current  traversing  said  circni 

Cbioit  2. — “  In  a  telegraph  instrument  operated  by  sound,  I 
combination  with  the  diaphragm  of  two  or  more  electrodes  plni 
un electrolytic  liquid,  ami  operating  to  increase  and  decrease  I 
resistance  of  the  electric  circuit  by  the  movement  derived  fn 
the  diaphragm.” 

Bell,  patent  No.  174-108. 

Biohmond,  application  August  24,  1877. 

Edison,  application  No.  144,  September  5,  1877. 

Gray,  application  No.  2,  October  29,  1877. 

This  issue  embraces  two  counts,  both  covering  the  same  si 
itautial  subject-matter,  viz,  a  transmitter  upon  tiie  principle 
Issue  B,  in  which  through  the  medium  of  an  interposed  si 
dance  of  high  resistance  the  variations  of  ftatdinphmgm  prodi 

equivalent  of  liquid,  and  the  latter  specifics  twi 

trades,  ditlcrenrus  which  . . .  aili-ct  the.  issm 

here  arc  Hell  and  Edison,  ami  what  has  lieen  sail 
applies  also  here.  Bell’s  record  date  luis  not  hei 

Issi.’K  E. 

“In  an  aeoiistic  telegraph  an  armature  plate,  tin 
for  thu  same,  and  it  closed  circuit  passing  from  tl 
elect ru-mngact  to  the  source  of  iiudiilatory  elect ri 
Bell,  juiteut  No.  17-I4U3. 
liiehmond,  application  August  24,  1877. 
Gray,  application  No.  8,  October  29,  1877. 
Dnlliear,  application  Octolmr  81,  1877. 

Edison,  application  No.  143,  Dcccmticr  13,  13 
llolcombu,  application  .laiuiary  28,  1878. 

The  parties  here  are  Bell  and  Edison. 

This  issue  is  in  the  language  of  the  thiol  clai 
application  No.  l-lo.  and  its  exact  meaning  has  li 
some  difficulty.  Counsel  for  Edison  insist  that  t 
interferences  lias  construed  I  i 

which  Edison’s  application  and  claim  embrace  mi 
proof  relates,  but  the  examiner's  construction,  tin 
broader  than  that  given  by  1 1  _  _  i 

imxsioncr  in  Bell  r.  Gray,  C.  I).,  1879,  42,  doc 
ns  materially  to  iilfect  the  result.  As  the  decision 
was  rendered  before  any  testimony  was  taken  in  t 
mast  la-  held  to  have  taken  his  testimony  in  ace 

Tiie  Commissioner  there  said :  “  'flic  subject  in 
fcrcncuA  isthcmcthud.  *  *  *  while  thesubici 

S  1,1  1111  a i-JlMiture  plate  (which  limy  lie  a  diiiplinif'in)  and  an 
Mtric  magnet  placed  in  closed  circuit  with  ail  articulating  trims- 

To  establish  Ids  case  reliance  is  chiefly  placed  hy  Kdison  upon 
sldhits  A,  A',  15  (upon  which  his  interference  application  b 
sed),  22-11,  and  Caveats  7-1  and  75.  Kxhihils  A  and  A'  have 
en  considered  in  discussing  Issue  A,  and  what  was  then  said 
ptrding  them  applies  equally  now.  They  could  not  have  been 
ed  in  ck,=L-d  i  in.iut  with  an  articulating  transmitter,  because 
lison,  at  the  time  (Is  s  <.«  I  il  \|  t  c  ts  with  llieni 
December,  1875,  had  no  knowledge  of  such  an  instrument, 
d  after  that  they  were  laid  aside.  That  they  now  can  he  used 
receivers  or  transmitters  is.  of  no  consequence.  They  were 
t  so  used  until  the  way  had  been  pointed  out  hy  Boll,  ami  then 
ly  in  the  effort  to  deprive  him  of  the  fruits  of  the  discovery 
had  given  to  the  world.  lint  for  this  they  might  never  again 
ve  been  seen  or  hemal  of. 

Exhibit  15  is  an  instrument  similar  to  that  shown  in  Fig.  -I 
Caveat  7-1,  and  is  also  shown  in  Case  115  without  its  iiiduc- 
n  coil.  Its  date  is  not  certainly  fixed,  Imt  Kdison  says  liu  is 
iitivu  it  was  made  within  a  month,  either  way,  of  the  15th 
November,  1875.  This  instrument  consists  of  a  resonant 
>e  with  u  slotted  diaphragm  he liiro  which  a  tongue  attached  to 
2  of  the  arms  of  a  permanent  .magnet  is  vibrated  hy  means 
an  elect ro-magnet  connected  to  an  induction  coil,  so  that  ro¬ 
wed  currents  are  passed  through  it.  As  described  in  Caveat 
—and,  in  fact,  this  instrument  relates  purely  to  multiplex  to- 
rapliy,  and  is  adjusted  to  a  particular  rate  of  vibration,  corre- 
inding  to  that  of  the  transmitter,  an  arrangement  which  would 
irelv defeat  the  transmission  of  speech— Kdison  himself  says 
■could  not  have  worked  satisfactorily,  and  it  did  not  do  so;” 
even  if  this  receiver  was  capable  of  use  with  an  articulating 
nsmittcr  no  such  transmitter -wim  within  Kdison’s  knowledge 
that  time. 

Exhibit  22-0  also  relates  to  acoustic  telegraphy,  and  embraces 
>  sheets  of  sketches.  The  one  with  which  we  have  to  do  was 

or,  is  a  Helmholtz  resonator,  which  n 

Kig.  17  also  .-hows  a  Helmholtz.  |i 
ucc  is  surrounded  hv  a  helix,  hut 
.  -18.) 

It  is  clear  that  Kdison  cannot  pro\ 

"A.  telephonic  receiver  consisting  of  til 
etric  circuit  of  a  magnet,  and  a  dinphrag 
iged  in  close  proximity  thereto,  whereby 
-  line  may  lie  reproduced  accurately  ax  ti 
Hell,  patent  No.  174-KJ5,  March  7,  IS7li. 
McDonough,  application  April  10,  187(1. 
Un:hoiuiid,  application  August  21,  1877. 
‘hay,  application  No.  !1,  October  211,  1 87 
Dolbcnr,  application  October  .11,  1877. 
Kdison,  application  No.  -18,  December  21 
Holcombe,  application  danuary  28,  1878 
I  he  parties  here  arc  Bell,  McDonough,  C 
fhis  issue  is  in  substniitialiv  the  lauuuitgc 

On  tins  ureouut  it  is  contended  tin  the  part  of  Hell  tlmt  t lu-r 
must  hu  read  into  the  claim  n  device  lor  transmitting  quality,  tlm 
is,  an  articulating  transmitter,  and  on  the  part  of  (irny  tlmt  it  I 
sullicicut  if  the  transmitter  transmit  *•  rythmical  vilinitions  o 
miy  and  every  description,  including  die  tones  of  the  linnmn  voiis 
mid  articulate  speech,”  McDonough,  it  seems,  agrees  with  Hell 

The  examiner,  reasoning  from  the  premise  that  while  the  othci 
parties  show  articulating  transmitters,  neither  McDonough  mil 
Edison  does,  ami  Gray  contemplates  the  transmission  of  sound: 
produced  either  hy  mcclmnism  or  the  liuumn  voice,  reaches  tin 
•onclusion  tlmt  the  issue  embraces  any  receiver  consisting  of  tin 
dements  named,  whether  used  in  connection  with  an  article 
lilting  or  other  tmnsmitlur,  and  whether  it  reproduces  iptalily  m 

“The  coiistrucliiin  given  the  claim,”  lie  says,  “the  nimhimi- 
ion  of  the  electro-magnet,  the  diaphragm,  ami  an  electric  oirruil 
iver  which  snund-jnxHluuing  currents  are  transmitted,  is  in  liar- 
nony  not  only  with  tlie  express  declaration  of  the  nppliniui 
ipmi  whose  tlemaml  fora  patent  these  proceedings  were  insti- 
nted,  lint  also  with  die  iielmn  of  the  olliee  in  including  the  up- 
mentions  of  Edison  (Xo.  1-18)  and  McDonough. 

“If  an  articulating  transmitter  forms  an  essential  vleinenl 
if  Gray’s  claim  these  applications  could  not  properly  have  been 
omed  in  the  interference,  for  neither  shows  or  descrilies  such 
in  invention.” 

It  is,  however,  necessary  lor  (lie  determination  ol  the  issue 
lint  some  kind  ol  transmitting  inslriinicnt  he  used  to  throw 
omuls  upon  the  line.  The  terms  of  the  issue  require  this,  ant! 
ilso  tlmt  the  quality  ol  such  sounds  shall  be  reproduced, 
fence  if  it  lie  possible  some  means  must  be  adopted  to  bring 
ill  tlie  parties  within  these  terms,  hut,  to  do  tliii  I  I 

rig.  2  lie  shows  his  receiver  in  connection  with  a  scriis  of  vi 
brating  reeds,  each  transmitting  u  tone  of  dilfurcut  pitch,  vvhicl 
limy  ho  operated  simultaneously  or  successively.  It  is  not  in 
tended  to  transmit  quality  with  this  apparatus,  hut  the  statcuieii 
is  simply  that  the  fount  arc  transmitted  and  reproduced.  When 
however,  the  arrangement  shown  m  h’ig.  ;l  is  described,  ii 
which  receiver  uiid  transmitter  are  alike,  it  is  expressly  statei 
Ilia)  “articulate  words  spoken  in  one  instrument  will  lie  men 
ratcly  reproduced  in  the  other,  both  as  to  pitch  and  quality  in 
well  ns  lone"  It  is  ii|miii  this  latter  description  that  tlie  cl'nin 
is  based,  for  after  stating  the  elements  of  the  comhimitioii  In 
uses  sulistnutinlly  the  language  employed  in  describing  i’ig.  3,’ 
ivherehy  sound  thrown  ii|hiii  the  line  may  lie  reproduced  act'll- 
■itclv  as  to  tone,  pitch,  and  quality. 

It  thus  appears  that  not  only  is  no  violence  done  to  Gray's 
itiitcmcnt  hy  such  a  limitation  of  Ills  claim,  hut  that  a  fair  in¬ 
ference  to  lie  drawn  from  considering  it  in  connection  witli  his 
(svilicitiou  is,  that  he  himself  so  intended  to  limit  it;  else  why 
nsert  so  carefully  the  word  “quality-.”’  'flic  fact  that  his  receiver 
s  also  capable  of  reproducing  other  sounds  should  not  be  tlecis- 
vc  in  construing  the  issue.  The  greater  includes  the  less.  If 
i  given  apparatus  transmit  ami  reproduce  quality,  it  will  like- 
vise  pilch  ami  tone,  and  the  issue  is  not  who  first  constructed  a 
Icvice  In  reproduce  these,  but  these  in  conjunction  with  quality. 

As  to  Edison,  it  is  true  that  his  application,  Xo.  118,  does 
iot  show  or  dcscrilic  an  articulating  transmitter,  and  that  lie, 
liereforc,  docs  not  transmit  uunlitv:  neither  does  McDonough. 

same  sotimU'ibrahons  winch  Imil  been  caused  by  iniieiiliik  upei'eh 
ill  the  starling  pnint,  was  not  enough  to  suggest  to  the  skilled 
workman  or  electrician  that  the  samo  device  would,  if  reversed, 
enable  the  sound  vibrations,  caused  by  Hit <  nyokcn  won/,  to  cause 
such  variations  of  the  electric  current  its  to  reproduce  at  a  remote 
point  of  the  circuit  the  same  sound  vibrations.” 

Language  could  not  more  plainly  indicate  than  this  the  guid¬ 
ing  principle  of  this  entire  proceeding,  and  it  was  not  only  the 
intent  of  the  olliee  that  the  invention  of  the  speaking  telephone 
sliuuhl  he  tried  here,  hut  it  was  also  the  intent  of  the  parties. 
Their  testimony  has  all  been  directed  to  this  end,  and  with  the 
exception  of  Gray  they  arc  all  still  insisting  that  they  invented 
not  only  the  art  lint  the  apparatus.  At  the  beginning  of  this 
controversy  Gray  made  the  same  contention,  and  filed  simulta¬ 
neously  three  applications,  one  fur  thu  method,  one  for  the  trans¬ 
mitter,  and  one  for  the  receiver.  That  he  has  withdrawn  from 
the  contest,  except  as  to  this  issue,  does  not  entitle  him  to  have 
one  of  these  applications  used  its  a  basis  for  an  interpretation 
which  neither  lie  nor  the  other  parlies  originally  intended.  Hear¬ 
ing  this  intent  in  mind,  then,  and  the  further  fact  that  no  other 
one  of  thu  issues  will  permit  it.  where  else  shall  the  ipiestiou 
of  priority  as  to  the  receiver  be  determined  if  not  under  this 

It  whs  pertinently  remarked  by  counsel  for  McDonough  that 
without  an  articulating  transmitter  the  receiver  of  this  issue 
could  not  he  practically  tested,  and  its  capability  ]  I 
indiscriminately  the  quality  of  any  and  all  sounds  could  not 
therefore  be  known.  It  may  as  pertinently  be  asked,  how  then 
cun  the  question  of  priority  be  decided  upon  an  issue  whose 
terms  require  the  transmission  of  quality  unless  thu  only  instru¬ 
ment  which  has  this  capacity  be  included,  /.  c.,  an  articulating 
transmitter  ? 

To  sum  up  briefly,  it  appears  that  this  interference  was  sought 
by  the  parties  to  determine  who  invented  the  speaking  telephone, 
the  ait  and  nimamtus  lor  carrvimr  it  out:  and  thu  declaration 

and  continued  this,  the  parties  ms 
was  taken  with  it  in  view.  Grav  I 
and  McDonough  still  insist,  that  i 
invention,  but  the  apparatus  also,  ai 
articulating  transmitter  in  this  issue 
as  to  the  receiver  mu  properly  Ik:  d 
If  the  construction  of  the  issue 
interferences  is  to  pruvnil,  and  prie 
who  laid  no  articulating  transmitter 
perimenter  who  had  tried  to  trunsni 
who  Imd  never  tried,  should  sodemi 
who  laid  worked  out  the  idea,  pnlenl 
out,  introduced  it  to  the  public  am 
coaid  not  practice  the  art  which  In 
trihatary  to  his  unsuccessful  rival. 

The  view  of  the  issue  to  lie  mh>| 
oases  of  the  res|icctive  parties  may  h 
Hell  stands  upon  his  patent  as  lief 
Hxhibits  A  and  A'.  These  have  al 
Is«ue  A.  They  were  used  in  experil 
were  Helmholtz  resonators,  and  new 
fere  the  date  of  Hell’s  patent,  boenus 
•a  instrument  capable  of  such  tmnsi 
sm  new  bo  used  for  this  pur|sise  is  i 
in  the  fill!  of  187o,  when  they  wen 
act  have  known  that  they  would  tn 
I'ouml  this  out  after  Hell  had  poi 

liml  one  which  would  only  respond  to  u  given  tone.  The  presen 
form,  which  constitutes  these  exhibits  (A  nml  A')  I  rcmcndio 
were  ohjectioimhle,  because  they  reproduced  notonlynll  the  tone 
of  the  transmitting  reeds,  lint  also  the  lidsc  or  foreign  sound 
due  to  un  interference  with  the  transmitting  i list ru incuts.'  (A.  2. 

To  obvinte  tins  defect  nml  get  a  receiver  winch  would  respom 
only  to  u  given  tone,  other  instruments  were  mudo  having  in 
stead  of  a  complete  diaphragm  like  A  and  A',  merely  a  strip 
“bearing,"  as  Edison  says  (A.  145),  “some  relation  in  its  vihrat 
ing  time  to  that  of  the  particular  scries  of  waves  which  it  wa 
desired  to  render  audible.” 

Professor  Spice  also  testifies  as  to  the  imperfeetionof  exhibit! 
Aund  A'.  “The  sounds,"  ho  says,  “  wore  musical,  and  agree 
mainly  with  the  reeds  or  forks,  hut  not  always,  on  account  of 
the  instrumental  appliances  not  being  brought  to  perfection.” 
(A.  20.) 

Now,  when  it.  is  remembered  that  in  acoustic  telegraphy  the 
object  to  he  accomplished  is  to  have  the  receiver  accurately  re¬ 
spond  to  one  particular  tone,  and  one  only,  the  defect  of  those 
receivers  is  plainly  apparent,  nml  it  can  be  readily  understood 
why  they  do  not  appear  in  any  of  the  experiments  idler  Novem¬ 
ber  or  December,  1 870.  Edison,  it  is  true,  says  they  wens  used 
from  the  time  they  were  made  in  November,  i  870,  at  va¬ 
rious  intervals  up  to  the  spring  of  1877,”  and  Batchelor,  “dur¬ 
ing  a  period  extending  from  November,  1878,  to  the  spring  of 
187(1  (A.  18),”  but  no  mention  is  made  of  any  specific  purpose 
for  which  they  were  used,  except  “to  render  audible  acoustic  vi¬ 
brations  ”  (Batchelor),  and  “for  receiving  acoustic  vibrations 
transmitted  electrically”  (Edison),  and  both  these  expressions 

milted  through  the  line,  ami  lie  believed 
m it  articulate  spcccli  it  would  probably  li 
that  time  did  not  have  the  conception  of » 

This  is,  indeed,  u  shadowy  theory  npm: 
ami  the  most  conclusive  answer  to  it  is  tl 
Donough,  liefore  quoted,  that  lie  could 
would  reproduce  speech  unless  he  was  ah 
could  only  IhjiIoiiu  by  a  speech  transmitter 
this  how  could  he  impart,  the  knowledge 
obtain  a  patent? 

It  is  a  prerequisite  to  the  grant  of  a  pa1 
to  the  public  the  knowledge  necessary  to  i 
invention,  and  it  is  just  here  that  Bell  and 

out  by  the  Hpcajicatiom. 

Gray  hud  not  only  not  pointed  out  how  his  receiver  oonltl  r 
produce  speech,  but  lie  did  not  know  himself  until  (might  I 
Boll’s  potent. 

In  tins  view  of  the  ease  it  will  not  he  necessary  to  look  in 
Gray’s  evidence,  for  it  is  admitted  that  he  had  never  tninsmitti 
speech  before  the  date  of  Bell’s  patent  or  application,  and  in  tl 
view  wo  take  of  this  issue  it  is  immaterial  when  the  devices  npi 
which  he  now  relics  were  constructed. 

The  case  of  McDonough  is  somewhat  similar  to  Gray’s,  thing 
with  this  important  diflcrcuce,  that  lie  still  insists  that  he  is  tl 
inventor  of  the  speaking  telephone.  Mis  ease,  us  stated  by  h 
counsel,  is  ns  follows : 

“We  submit,  therefore,  that  Mr.  McDonough  was  the  orig 
mil  and  first  inventor,  because  he  had  in  1807  practically  usi 
the  magnet  and  diaphragm  in  combination  for  a  receiver ;  hr 
in  1871  conceived  of  the  use  of  said  combination  for  articiila 
speech  ;  had  reduced  thu  same  to  n  drawing, and  in  April,  187 
attempted  to  embody  the  same ;  being  prevented  hv  sickness,'  1 
went  to  Iturope ;  returning  in  the  fall  of]  87-1,  lie  began  in  Apri 
1875,  again  to  put  his  receiving  apparatus  together,  and  eon 
1111,1  ,*»d  H  with  a  transmitter  in  Mnv,  1875,  and  npplh 
lor  Ins  patent  Apri  I  10,  187(1.”  *  , 

All  these  acts  of  McDonough  limy  bo  admitted,  mid  yet  pr 
arity  cannot  he  awarded  to  him  unless  he  can  lie  shown  to  lm\ 
1,11,1 111  1  1  *  (,  In  tto  Upon  this  depends  his  until 

nccts  the  ends  ol  the  areh-slinped  piece  Irom  the  plate  on  tl 
niumhranc.  thus  making  and  breaking  the  circuit,  mid  cons 
ipicutly  alternately  magnoti/.ing  and  demagnetizing  thu  eleetr 
magnet  of  thu  receiver  and  vibrating  thu  receiving  membrane 

This  apparatus  is  termed  by  McDonough  a  tcicloguu,  i.  c., 
fnr-spcakcr,and  it  is  stated  to  ho  capable  of  transmitting  and  r 
producing  speech,  hut  it  is  evident  that  it  can  of  necessity  Inc 
no  such  function.  It  is  now  well  known  in  the  art  that  in  ord 
to  transmit  speech  there  must  he  constant  contact,  lint  here  a  d 
vice  is  expressly  provided  which  breaks  contact  at  every  vilir 
tion  of  the  diaphragm.  It  is  just  such  an  arrangement  wliii 
prevented  Bciss’s  telephone  Irani  transmitting  speech,  mid  it 
equally  fatal  to  McDonough’s. 

The  similarity  of  the  two  apparatus  was  at  once  apparent 
the  olliee,  mid  McDonough’s  application  was  rejected  upon  tl 
Ileiss  instrument.  In  this  view  McDonough  acquiesced,  tor  I 
took  no  action  in  thu  ease  for  nearly  two  years  and  then  .crust 
all  his  claims  and  inserted  a  limited  claim  to  the  specific  coi 
Htruution  of  his  transmitter.  At  the  same  time,  however,  by  t 
ingeniously  worded  nmeudment  he  attempted  to  introduce  tl 
features  of  a  metal  diaphragm  and  constant  contact,  hut  tilth 
the  olliee  very  properly  objected. 

It  thus  appearing  that  the  apparatus  described  m  MeDoi 

lUh  Ins  right  In  the  msutrr  at  issue, 
words,  it  limy,  however,  lie  as  well  to 
Hell  relies  to  establish  his  inse  will 
lion  lor,  or  grant  of,  his  patent. 

It  lines  not  appear  when  the  matte 
by  Hell,  was  first  enncuivetl  by  him 
first  ileserilxsl  it  or  caused  drawing  i 
thinks  this  was  done  about  the  end  i 
or  April,  1871),  not  long  idler  the  gr 
7.  Neither  is  it  altogether  clear  whe 
instrument,  but  be  thinks  Kxhihit 
veil.  I,  X-A.  200),  and  Watson  tc-t 
him  sometime  before  May  10, 1870. 

The  exhibit  consists  of'  tin  upr 
within  which  is  an  elcctm-maguct  wl 
the  box.  A  thin  metal  plate  or  lid  < 
is  ptuml  upon  such  top,  with  its  edg 
and  its  center  a  short  distamv  above 
was  Used  by  Watson  in  May,  I07li, 
Ilihited  at  a  meeting  of  the  A  mere 
•Sciences  at  the  time  nfthe  delivery  o 
1870,  ami  at  the  Centennial  I'.xliilnt 
o|ierated  as  a  receiver.  ( Vol.  1 1 1 ,  X 
Hubbard,  Dowd,  vol.  I,  A.  6,- ll,  7.) 

Upon  the  construction  adopted  In 
enees  the  date  of  invention  is  smnewh 
having  a  sounding  box  like  that  ol 
made  in  (  let oiler,  1870,  operated  on 
Cambridge  about  the  same  time,  and 
revering  up  the  hole  in  the  top  of  tli 
piece  anil  air  spaeein  front  of  the  dia| 
with  the  application  of  <lnuiinry  15, 
A.  3,  ‘I ;  Watson,  Dowd,  I,  A.  .‘18—1 
iniikiiig  this  instrument  cannot  lie  am 
lielbre  Jiitiunry  15,  1877.  This  dnti 
ns  it  is  iindoubteillv  true,  ns  stated  h 

xd’ore  upon  liis  Exhibits  A  amt  A', 
munis  lias  already  been  siittirii-nf Iv 
un  in  discussing  Issue  (i,  they  can 
iiiental  devices  which  worked  ini- 
d.  Iamg  after  they  were  thrown 
lents  iisesl  inemlir.iiie  diaphragms, 
use  of  metal  ill  undoubted  s|ieooh- 
nfter  the  date  of  Hell's  patent, 
tor  view  which  may  lie  taken  of  the 
i  has  neither  ovens mic  Hell’s  record 
rertnined  date  of  invention. 

dareh  7,  IS7(i. 

If),  Deeemher  13,  1 
nniinry  17,  1878. 
Bell  and  Edison. 

sue  or  that  urged  by  counsel  for  Hell,  that,  ax  in  I  ssue  J,  the  res¬ 
onant  tulxs  or  ease  is  simply  a  Inline  for  supporting  the  diaphrani, 
the  question  of  priority  upon  the  first  count  of  the  issue  as  de¬ 
clared  may  lie  determined  j  otherwise  the  interference  should  bo 

As  the  second  count  includes  circuit  connections  and  reverse 
currents,  the  examiner  was  also  obliged  to  give  a  forced  construc¬ 
tion  to  it.  Neither  Hell  nor  fliny  uses  connections  like  Edison’s, 
as  will  lie  apparent  upon  considering  their  res|iectivo  iliselos- 

Edison’s  apparatus,  as  duscrilied  in  Ins  application  l  lo,  con¬ 
sists  of  an  electro-magnet  between  the  poles  of  which  there  is  an 
armature.  This  armature  is  polarized  bv  attachment  to  one  of 
the  poles  of  a  permanent  magnet  ami  forms  one  end  of  a  resonant 
tulio.  The  lino  passes  through  a  helix  around  whose  core  is  an 
induction  coil  in  the  local  circuit  of  the  magnet.  When  a  rise 
anil  fall  of  tension  is  produced  in  the  line  circuit  the  current  in- 
diiecil  in  the  local  circuit  will  lie  alternately  positive  and  nega¬ 
tive,  the  polarization  of  the  cores  of  . . iiiguet  will  be  reversed, 

and  thus  the  armature,  which  is  in  tiiet  a  reed,  will  lie  vibrated 
and  reproduce  the  sound  given  to  the  transmitter,  ’flic  resonant 
tulio  re-enforces  the  sound. 

Hell’s  apparatus  is  the  familiar  one  of  Erg.  7  of  bis  patent. 
An  armature  is  pivoted  atone  end  to  onenfthe  poles  of  an  electro¬ 
magnet  and  its  other  end  is  fastened  to  the  center  of  a  membrane 

s  before,  that  no  motion  to  di.s-.ilve  lias  been  made,  and  that  the 
peaking  telephone  is  acknowledged  to  be  the  thing  in  contro- 
rersy  in  this  entire  proceeding,  it  can  do  no  harm  to  adopt  tin 
dew  of  the  examiner  of  interferences  and  determine  this  issin 
ipon  that  basis. 

“To  support  the  declaration  of  this  count,”  says  the  examiner 
‘  it  is  necessary  not  only  to  reconcile  the  dill'erenecs  between  tin 
lystoms  and  tl’io  resonant  cases,  lint  to  bold  that,  having  raferro. 
i)  one  mode  of  producing  reverse  currents  of  varying  intensity 
Edison  is  entitled  to  claim,  as  an  element  of  the^  combination 
my  and  all  mechanism  for  so  doing,  irrespective  of  dill’erenecs  ii 
imrposo,  mode  of  operation,  and  eil'eel. 

"  Upon  this  hypothesis  we  may  presume  that  because  Bel 
uid  Gray  employ  mngnetn-traiismiltors,  producing  reverse  cur 
rents,  in  ’combination  with  the  other  elements  named  in  Kill 
ion’s  olnim,  they  disclose  the  combination,  ineluding  the  cireui 
connections  mentioned  in  the  declarations.” 

Adopting  then  this  view  of  the  examiner,  the  cases  of  the  pat 
ties  may  now  be  considered. 

Ml  relies  upon  bis  instruments  constructed  in  June  and  Jul 
of  1875.  The  first  of  these  is  shown  in  Exhibit  31 .  This  ex 
liibit  is  a  reproduction,  but  it  is  substantially  like  the  origina 
It  consists  of  a  wooden  tube  and  ring  upon  which  is  stretched 
membrane.  An  clectro-maguet  attached  to  a  cross  bar  projee: 
in  front  of  this  membrane,  mid  to  a  pole  of  the  magnet  is  pivote 
an  armature  or  reed,  the  other  end  of  which  is  attached  to  tl 
center  of  the  membrane.  Ibis  instrument  was  nut  u.-cd  »s 
receiver  but  as  a  transmitter,  in  connection  with  a  harmonic  r 
ccivcr.  Bell  states  that  it  was  his  intention  to  have  a  duplica 
receiver  made,  but  his  anxiety  to  experiment  with  bis  new  n 
strunient  did  not  permit  him  to  wait  for  that.  On  July  2  I 
directed  Watson  to  make  another  membrane  instrument, 
dunlicnto  of  this  is  in  evidence  as  Exhibit  31.  and  the  origin: 

ed  a  failure  in  use.  and  with  the  exception  ol  it 
id  description  in  Caveat  7-1,  relating  purely  t 
npliy,  was  not  beard  of  until  it  made  its  appear 
ition  1-15,  also  relating  to  acoustic  telegraphy,  am 
•o  years  idler  the  grant  of  Hell’s  patent,  and  idle 
inti  gone  into  public  use  and  become  widely  known 
icr  of  Interferences  correctly  awarded  priority  t 

brining  or  carrying  one  electrode  of  the  circuit  o 
ml  constantly  pressing  against  the  other  electro.! 
iiigm  I  t  tl  c  |  I  t  1  |  re  be 
ctrodcs  and  yield  to  the  movements  of  thu  din 

iention  May  21,  187!t. 
iplication  .September  2(1,  18711. 
here  are  Edison,  Voeikcr,  and  Irwin, 
embraces  a  variable  resistance  transmitter,  and  i 
if  the  elnim  in  Blake’s  application.  Blake  content 
ingemunts.  While  in  both  one  electrode  is  inounta 
in  one  the  other  electrode  is  directly  atlacbed  to  th 
id  in  the  other  is  held  ii  o  t  t  tl  tl  1 
is  mounted  upon  an  independent  support.  Bot 
f  mounting  this  electrode  were  considered  by  th 
loubtedlv  arc.  eoilivalenls,  and  therefore  the  othc 

jy  lCdison,  ami  the  other  is  stated  to  he  merely  ilhistrative, 
mist  therefore  lie  “  taken  as  the  invention  intended  to  lie  pr 
teeted  hy  the  patent.”  From  this  stand-point  it  is  argued  tli 
the  U -shaped  spring  and  interposed  rnbher  do  not  constitute 
spring,  and  that  therefore  the  snhjcct-matler  of  the  issue  is  n 
diseloseil.  This  is,  however,  disposed  of  hy  the  statement  of  tl 
specification,  that  the  object  of  this  device  is  “to  present  a  sen 
rigid  point  for  contact,  so  as  to  prevent  a  rebound,”  (or,  as  is  els 
where  stated,  “  to  prevent  the  prongs  noting  as  a  tnning-lbrk' 
“  and  allow  of  a  slight  yield  when  the  plumbago  is  pressed  I 
the  diaphragm.”  This  slight  yield  is  sullieient  to  constitute 
spring  action,  within  the  meaning  of  the  issue,  and  lCdisoi 
application  must  be  held  to  be  rightly  included  in  it. 

The  devices  of  Voelker  and  Irwin  need  not  be  pnrticnlut 
described,  further  than  that  Voelker  shows  one  elect  rode  mount 
upon  an  upright  spring,  the  other  being  either  the  diaphi-.g 
itself,  if  of  metal,  or  a  melalliu  disc  attached  to  it,  if  of  meinlmu: 
and  Irwin,  a  spring-controlled  needle,  preferahh  of  plilinu 
set  at  right  angles  to  the  plane  of  the  diaphragm,  constitnti 
one  electrode,  the  other  lieing  either  the  diaphragm  itself  or 
piece  of  carhon  attached  to  it. 

The  finding  of  the  examiner  of  interference  is  that  the  snbjc 
matter  of  this  issue  “was  not  in  factor  in  law  made  byYoelk 
while  neither  Blake  nor  Irwin  claims  to  have  begun  operatic 

>f  March,  187G.  To  establish  Ins  ease  under  tins  issue  lie  re- 
ics  upon  his  .  xhibits  A  and  II,  the  first  Hindu  in  April,  1870  ; 
he  last  in  Oetolier,  1877. 

The  material  parts  of  Kxhibit  A  consisted  of  a  cylinder  ol 
ivood  having  a  membrane  over  one  end,  to  which  \  I  I  e  I 
t  piece  of  iron.  Feeing  this  iron  contact  piece  was  a  flat  steel 
ipring  carrying  a  platinum  point,  the  tension  of  the  spring  bo¬ 
ng  regulated  by  a  screw.  Connection  was  made  with  the  bat- 
cry  by  means  of  a  wire  attached  to  the  flat  spring  and  nnolhet 
ittaehed  to  the  contact  piece  on  the  membrane.  In  his  experi¬ 
ments  with  this  the  results  were  no  different  from  those  with 
liis  former  instrument ;  lie  got  only  “  a  few  musical  tones  now 
uul  then.” 

It  is  thought  from  the  fact  that  Voelker  speal 
up  the  spring  “  until  the  point  touched  the  contact  piece,”  am] 
11  adjusting  the  point  with  dillerent  pressures,”  that  he  had  n 
variable  contact,  but  there  is  no  evidence  in  thu  case  that  lieuvoi 
had  any  such  idea.  On  the  contrary,  in  the  instrument  he  first 
constructed,  in  which  one  of  his  electrodes  consisted  of  a  nail 
the  point  of  which  rested  upon  the  contact  piece  on  the  mem¬ 
brane,  lie  called  his  apparatus  a  Morse  or  telegraphic  key  (A.  o) 
and  his  theory,  as  stated  hy  him,  was  derived  from  what  he  knew 
of  the  Morse  key  in  telegraphy.  “  If,”  says  he,  “it  were  pos¬ 
sible  to  construct  a  key  delicate  enough  to  bo  manipulated  In 
the  sound  waves,  then  the  transmission  ol  sound  would  be  real¬ 
ized.”  (A.  5.) 

Here,  as  1  f  e  c  1  \  tl  I  1-brenk  syste  [ 
which,  it  is  now  a  well-established  fact,  articulate  speech  eannoi 
be  transmitted.  Voelker  had  only  reinvented  the  Reiss  tele 
phone,  and  nothing  more.  Nor  does  anything  more  favorabh 

results  than  before.  This  continued  until  •lammrv,  1878,  tin 
always  with  (lie  same  result.  There  was  no  successful  transmi; 
sion  of  articulate  speech.  Exhibit  H  was  not  made  until  Ocli 
her,  1877,  which  is  too  late  as  against  Edison. 

Jt  is  now  strenuously  denied  that  Voclkcr’s  instruments  we 
mere  circuit  breakers,  and  upon  this  point  it  may  lie  well  to  r 
ler  to  the  tact  that  alter  carcfullv  examining  Yoelker’s  instn 
meats,  Irwin,  who  is  now  Voelker’s  employer  and  backer,  pr 
uoiinrcd  this  opinion  upon  them  :  "After  examining  the  trail 
milter  and  receiver,”  be  says,  “  I  remarked  to  Mr.  Voolkcr  th 
his  timisinitter  was  a  Reiss  tinnsmitter,  or  a  reproduction  of  tl 
Reiss  transmitter.” 

hminont  solicitors  were  also  consulted  by  Irwin  upon  tli 
point,  and  both  of  them  concurred  in  his  opinion.  The  foil  on 
ing  is  his  account  of  this  : 

“During  Christmas  week  of  1877  I  was  in  Chicago,  and  In 
the  matter  of  Mr.  Yoelker’s  telephonic  experiments  before  M 
•I.  M.  Timelier.  *  *  *  Mr.  Tlincher’s  opinion  was  that  tl 

instruments  described  and  illustrated  by  me  by  drawing  were  r 
productions  of  die  Reiss  transmitters’nnd  receivers,  *  * 

Mr.  It.  D.  O.  Smith,  of  Washington,  one  of  my  solicitors,  A  pi 
or  May,  1878,  *  *  *  came  out  to  Morton.  *  *  * 
spoke  to  him  about  Voelker’s  teleiilionie  inventions,  *  * 

describing  by  illustration  Mr.  Voelker’s  claims.  *  *  *  M 
Smith  concluded  that  Voelker’s  inventions  were  but  a  reprodu 
don  of  die  Reiss  ami  others.”  (Irwin,  A.  2-7.) 

The  importance  of  this  testimony  us  making  against  Voulk 
cannot  bo  overlooked,  and  its  force  is  not  lessoned  by  the  fa 
dint  Irwin  had  and  still  has  an  incorrect  notion  of  the  opcmtii 
of  Reiss’s  instrument.  (A.  10.) 

That  Reiss  did  not  have  a  variable  contact  instrument,  or  oi 
that  could  transmit  speech,  is  well  established.  It  is  possib 
that  lie  may  now  and  thou  have  transmitted  a  word,  but  we  Ini' 
no  knowledge  on  the  subject.  So,  also,  may  Voolkcr,  bill  it  \v 
accidental.  A  momentary  adhesion  of  the  contact  pieces  migl 
have  resulted  in  the  transmission  ol  an  occasional  word,  but  I 
did  not  know  how  it  was  done,  and  could  not  at  will  make  li 
it  ts  so  operate. 

It  must  lie  concluded  that  Voolkcr  also  has  not  overcome  E<1 

In  The  United  States  Patent  Office 



CASE  Ci. 

I’aiitikk  :  Hem,,  McDonough,  Oiiav  ani>  Edison. 

Brief  for  Thomas  A.  Edison. 

U'li is  iiitoiTurnnro  rotates  to 

Holt’s  Patent  17-1,-llM.  March  7,  1871!. 

McDonough  application  filed  April  JO,  18711. 

diould  lin  construed  us  reipiiring  tlmt  n  particular  kind 
uf  transmitter  slamltl  lie  used,  viz,  one  that  wualil 
transmit  ipmlity  as  well  as  pitch  ami  tone — anil  upnn 
this  construction  of  the  issue  the  Board  awarded  pri¬ 
ority  to  Bell. 

To  the  finding  of  the  Exumiuors-iii-Chicf  Edison, 
Bray  and  McDonough  have  ap]>ealed. 

In  almost  all  tliesu  interferences,  diihculties  have 
arisen  from  the  indefinite  wording  of  the  issues  and 
from  interpretations  hemp  put  upon  those  issues  that 
were  not  warranted  hy  the  specifications  in  which  the 
claims  of  the  issues  were  lirsl  made. 

Hr.  Edison  has  made  no  claim  in  his  application 
(1-1S)  in  this  interference,  nor  has  he  contended  in  the 
testimony,  that  ho  was  the  first  person  to  transmit  nr- 
tienlato  speech  from  one  end  of  an  eleetrie  circuit  and 
receive  it  at  thu  other. 

Upon  the  construction  adopted  hy  the  Exaininers-in- 
cliief  he  must  therefore  yield  priority  to  Bell. 

In  his  application  (1-18)  in  this  interference,  Edison 
lias  described,  as  used  at  one  end  of  his  electric  circuit  as 
an  acoustic  transmitter,  a  pair  of  instruments,  in  each 
of  which  a  spring  harmonic  reed  is  employed  as  an  es¬ 
sential  feature.  At  the  other  end  of  the  line  1m  de- 

musical  sounds  during  the  years  1875  and  18 
exhibits,  Prescott's  Exhibit,  Yol.  II.,  p.  alii, 
eholor's  testimony,  Yol.  I.,  p.  335.) 

Batchelor  testifies  to  musical  exhibitions  in 
part  or  summer  of  187(1,  before  even  Bell  had 
iron  diaphragm  with  an  electro-magnet  fei¬ 
nt  one  end  of  an  electric  circuit  uni/  kind  < 
tlmt  had  been  transmitted  from  thu  other  ei 
circuit.  The  instruments  are  still  in  existent 
in  working  order. 

Farther,  the  testimony  shows  that  up  to 
that  Edison  tiled  this  application  (lice,  ill, 
continued  to  use  similar  receivers  both  ill 
and  in  musical  telephones. 

Indeed,  in  his  application  (130)  tiled  April 
this  sumo  receiver  is  shown  in  connection  u 
strumunl  adapted  to  transmitting  speech.  Ii 
tion  130  lie  says : 

“At  the  receiving  instrument  tlieie  is  in 
magnet  O  with  its  poles  facing  the  diaphrai 
tho  armature  2  is  fastened  to  said  diuphrug 
diaphragm  itself  may  form  the  armature  if  mi 

Tho  amdication  130  should  have  been  in 

gnrilless  of  tliu  kiml  of  transmitter  to 
witji,  tiio  interference  should  continue 
must  In)  allowed  to  Edison  us  the 
against  Bull  mill  McDonough 

Clearly  nothing  imuld  lie  more  errom 
tliut  Edison  liver  for  mi  instant  iilmnd 
speaking  telephones  or  in  musical  or 
phones,  the  invention  which  proved 
his  harmonic  apparatus  of  187i>. 

It  is  lniniaterial  to  him  on  tl 
aliandonment  that  Dell,  either  as  an  o 
or  as  copying  him,  uiilde  use  of  the  sal 
speaking  telephone. 

Clearly  Edison  has  never  lost  the 
receiver  in  harmonie  telegraphy,  just 
anil  described  in  his  application  (1-IJ 

Clearly  Edison  was  the  lirst  to  sucee 
and  use  tlio  receiver  referred  to  in  his  i 
application  which  is  in  this  intorferen 
contends  that  that  claim  should  lie  lit 
should  lie  a  question  for  the  Courts  to 
such  a  claim  allowed  to  him  would  covi 
same  instrument  in  combination  with  u 
niittor  from  tlio  one  used  by  him. 

As  ncuinst  Clrav.  lie  contends  that  Gi 

Telephone  Interferences  [Volume  6] 

Cases  2  and  3 

The  table  of  contents,  all  preliminary  statements  and  interfering 
«vh?K-iCa+k°?S’  and  ,t.l?e  eyidence  for  Ed»son  have  been  filmed.  Edison 
exhibits  that  were  filmed  in  Volume  2  have  not  been  refilmed. 

frr.h-;  M  lTIEK  or  TELiiPIluNE  ISTEUFERUXOE: 

}*E'MSg  IMitullB  T  "  (OTOVHOHMl  OF  V  HUNTS 


BLAKE.  :  Ons»  s  2  and  3 

i  — 





4.  c  ^KCIFICATION  S. 










. . .  u‘  application  mo  inoso  referred  to  in  (ho 

declarations  of  interference  in  cases  2  mid  3.  Atl’y  of  record, 
W.  IV.  Swan,  5  Pemberton  Square,  Boston,  Mass. 

Geo.  M.  Plielps,  of  Brooklyn,  N.  Y.,  application  tiled  .Time  1, 
1879,  was  originally  included  in  this  interference,  lull  priority  was 
decided  against  him  by  official  letter  of  Oct.  24,  1879  on  his  con¬ 
cession  in  favor  of  Edison. 

CASE  3. 


The  subject  matter  involved  in  tho  interference  is  the  springs  in 
combination  with  the  piece  of  graphite,  or  similar  material,  between 
them  and  the  diaphragm  of  a  telephone  instrument  (Edison’s  second 
claim,  described  by  Chinnock  and  covered  by  Blake’s  third  claim). 

Ihe  combination  in  a  telephone  of  an  electric  circuit  a  vibratin'- 
diaphragm  and  n  flexible  weighted  circuit  governor  (Chinnock’s  sec¬ 
ond  chum.  Described  and  shown  by  Edison  and  by  Blake). 

INTERFERING  parties. 

aades  E.  Chinnock,  of  Brooklyn,  N.  Y.  App’n  tiled  Dec.  2G, 
N  Y.  City/  I'l!<:0''13,  Kl'Wi"  1L  1!ru"'"’  No-  7  W'rron  Stre'et, 
l>ancis  Bhtke,  Jr.  °f  Weston,  Mass.  Application  filed  .Tan.  3, 
Mass.  “  reCUrd’  "  ‘  W'  S'V1U1’  5  Pcm,*rlon  Square,  Boston, 

2  m’nVp'  °!  ,M0"10  Pmk’  J-  Applic  . . .  I  I  mo 

York  w!y  }'  AUy  0r,•UCU1'l,-  L-  W’  Sorrell,  Box  4,089,  New 

“W'b  hut  had  experimented  for  a  fei 
inventions  of  otliors. 
luiade  use  of  tho  device  referred 

day  of  July,  1878,  1  made  m 

few  weeks  trying  to  reproduce  tho 
ed  to  in  this  interference  during  tho 

month  of  July,  1878.  The  lirst  instrument  in  which  i  maue  u->u  » 
it  is  still  in  my  possession. 

I  have  sev  1  t  i  10  ts  containing  this  device  which  were  mule 
belwron  July  and  November,  1878.  At  tho  last-mentioned  dato  tin 
Hell  Telephone  Company  began  to  inaniifncluro  tho  Blake  transmit 

tors,  and  havo  used  tho  said  device  in  several  th<»i«iiid  imsIi . <mts 



Charles  E.  Chinnock,  being  duly  sworn,  deposes  and  says  that  hi 
conceived  of  tho  invention  in  controversy,  ns  near  as  ho  can  mu 
determine,  between  the  lirst  and  tenth  days  of  Novenibor,  in  tho  yea 
1877  !  that  lie  thou  made  a  drawing  thereof;  that  ho  thereafter  do 
voted  as  much  attention  to  said  invention  as  ho  could  do,  and  iu»J 
other  drawings  illustrative  thereof;  that  l